Increasing the Resilience of Coastal and Riverine

Communities to Climate Change and other Threats by

Conserving the Ecosystems of the Maha Oya and
Associated Coastal Wetlands in Sri Lanka

Report 10 : Meetings and Consultations

Submitted by
Environmental Foundation
146/34, Havelock Road
Colombo 05.

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Report 10

Activity: Provision of advocacy and supporting conflict resolution activities to

aggrieved communities

Meetings and consultations

Life and livelihoods of communities in the downstream of Maha Oya are intricately
linked and related to the river in one or many ways. Due to the indiscriminate sand
extraction from rivers and adjacent lands, river banks have eroded and rendered the
land unusable due to large mined pits. Those who lived adjacent to the river lost their
land, and were often innocent victims who had nothing to do with mechanized sand
mining. Their issues were further exacerbated with the loss of fish breeding sites,
diminishing fish stocks, and the loss of income from tourism. Not having a proper
knowledge on how to handle the situation and the redress available, it became a very
chaotic and desperate situation. The degradation of the river impacts in multiple ways
and the majority of people suffered due to the activities of a few who benefited
immensely. This was the prevailing situation when EFL commenced its community
programmes in the Maha Oya downstream area.

Under this category, EFL supported communities with environmental advocacy work.
The communities were empowered through raising their awareness on environmental
rights and responsibilities. They were informed that just as there are rights for the
individual there also responsibilities the individual must fulfil towards the environment
and the country in general. Additionally, they were given awareness on redress and
relief available to them under the current legal framework. EFL updated communities on
the changes in the legislation regarding sand and clay mining as most of the
community members were sand and clay miners, and EFL is a party to the ongoing
sand mining case in the Supreme Court.

Activities carried out

Meeting No. 1 - Scope of the Project

First Community meeting on introducing the project, our scope in working in Maha Oya
May, 2010 Katana Temple

Attendance 90 participants including sand and clay mining community and others

Other participants Mining Engineer, GSMB, Project staff of EFL, A member of the
local council, the Principal Katana Vidhyalaoka Vidyalaya and the Chief Priest of
Katana temple Karambe Sumanra thera

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Outcomes

- The project was well received by the communities

- Sand miners accepted that their livelihood was causing environmental degradation
and was not sustainable, but complained that organised business groups were engaged
in more environmentally detrimental activities in terms of sand and clay mining
- In their five year plan they were asked to do, nobody liked to carry out sand mining
- Miners asked for a grace period for giving up mining, they were inquisitive on other
livelihood opportunities available to them.

It is noticeable that after two years of project implementation, the mining activities were
reduced by a considerable fraction.

Recommendations of the meeting

- It was planned that under activity 3.4.1 which is on alternative livelihood options, the
next meeting would be held introducing other livelihood options
- Another community meeting under this activity was planned to raise their awareness
on legislation related to sand and clay mining and other environmental rights they can
enjoy as citizens of Sri Lanka.

Meeting No 2 Awareness of evironmental rights and responsibilities of

communities

June 2010

Participants 50 from Katana, Bambukuliya and Muruthana

Objective of the meeting A follow up to meeting 1 held at Katana temple. This
meeting was held to raise the awareness of the communities on their environmental
rights and how to seek redress, identify the localised activities that are detrimental to the
environment and the resilience of communities.

Resource people Legal Officer, EFL

Project Manager, MFF

Outcomes of the meeting

- Communities became more aware on legal status pertaining to mining and their
environmental rights and responsibilities
- The degradation caused by sand and clay mining to riverine and coastal
environment was explained and findings of the other researchers and MFF
project so far were presented.
- They were presented with a few case studies on how bad environmental
management and overharvesting of natural resources led to devastating impacts
on communities.

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Meeting No 3 (July, 2010) Capacity building of regulatory staff

Meeting with DSs of each DS divisions (Katana, Negombo, Dankotuwa and

Wennappuwa)

Outcomes of the meeting

- Discussed and verified the information on historical overview of mining activities

in their respective areas, how legislation has been changing over time, how the
communities were impacted and obtaining their suggestions to minimize the
impacts on communities and the environment
G Finding out the grievances of communities over time with reference to
mining, and possible solutions

As an outcome of these meetings, it was decided to have separate meetings with GNs
of each DS to raise their awareness on mining related legislation and get to know the
problems they face in regulating mining activities and penalizing illegal mining.

Meeting 4: Briefing on updated mining related legislations

September, 2010

Meetings with GNs of each DS who are in the administrative areas of sand and clay
mining

Had an initial discussion with GNs regarding the mining related problems and their
background. They were also given the awareness on updated mining related legislation
and the role they can play in preventing environmental degradation in their respective
areas. They revealed a few other problems related to the degradation of riverine
environment like garbage dumping, illegal mining and untreated effluent discharge.

September, 2010

Meeting at Dankotuwa Grievences of communities

Participants - Dankotuwa sand and clay mining community and others in the
community.
There were 64 participants. It was a replication of the meeting held at Katana in May,
introducing the project activities and general awareness. They also discussed about
their grievances like loss of land due to erosion, salinity in wells, lowering the water
levels of wells which are located close to huge clay mined pits. This area is famous for
clay mining rather than sand mining. In this area, a very few permits have been issued
for sand mining, given the reason that the area is under the authority of North Western

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Province Environmental Authority. But the fact is that a lot of illegal mining is ongoing
in inland pits. They accepted the situation but revealed that they dont have any extra
income to meet their expenses other than resorting to mining. It was decided to hold a
meeting with GSMB and the communities to check the possible solutions for their
grievances.

Meeting 5 Solving problems related to sand and clay mining

Community: Dankotuwa sand and clay mining community

Participants: Director General GSMB, Mining Engineer Kurunegala, Technical

Officer, Project staff from EFL and Legal Officer EFL

This meeting was held as a continuation of the previous meeting, to support the
communities in this area in resolving their problems associated with sand and clay
mining and explaining to them the legal status of sand and clay mining. The availability
of sand in the right river bank was a deterrent to issue mining licences to Dankotuwa,
but they revealed that a lot of illegal mining is ongoing and it results in land degradation
and lowering of the water table which is indicated by deepening of the water levels in
wells. Some others complained about the other problems they were facing as a result
of excessive mining. A lengthy discussion went on and finally it was suggested to:

-Carry out a sand survey

- Investigate the possibility of carrying out a survey for ongoing mined pits located in this
area, and ascertain their status in terms of sand and clay mining.
- The general public complained about the inadequacies in the law enforcement, thus it
was decided to carry out a workshop for Police stations on both sides of the river.

A workshop with senior police officers in Negambo, Chillaw and Kuliyapitiya SSP
divisions.

Participants: Senior Superintendents of Police (SSPs), Assistant Superintendents of

Police(ASPs), Environmental Police OICs of Negambo, Chillaw and Kuliyapitiya SSP
divisions. Attended by over 55 participants.

A workshop was organized for the senior police officers in order to disseminate the
knowledge on scientific and legal aspects of existing sand mining related regulations.
This workshop was held on 22nd March 2011 at Dankotuwa Divisional Secretariat Office
and was attended by a considerable number of police officers from Negambo, Chillaw
and Kuliyapitiya SSP divisions.

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Other Participants: Divisional Secretary of Kochchikade, Deputy Director(Mines) of
GSMB, Mining Engineer of GSMB, Senior Legal Officer and Legal Officer of EFL, MFF
Project Manager and MFF Project Staff.

This workshop was organized as per a directive of the Supreme Court under the case
no. SCFR 81/2004 a case to deal with illegal sand mining issues along Maha Oya
area. Environmental Foundation Ltd (EFL) is an intervenient party to the above
Supreme Court case and subsequently, EFL was directed by the Supreme Court to
conduct an awareness programme to the senior police officers of Negambo, Chillaw
and Kuliyapitiya SSP divisions where large scale sand mining issues have been
encountered.

Objectives of this workshop: To build awareness among the senior police officers on
existing laws and regulations pertaining to sand mining in Maha Oya area and to initiate
a better dialogue and coordination between the Police and the other relevant institutions
(especially Geological Survey and Mines Bureau) in order to enforce the laws on sand
mining activities in Maha Oya area.

Expected outcomes of the workshop: Increased rates of prosecution work of police

officers pertaining to sand mining offences and strengthened coordination between the
Police and Geological Survey and Mines Bureau.

Outcomes of the Programme:

Resource persons from EFL presented the scientific and legal aspects of illegal sand
mining while the Deputy Director (Mines) of Geological Survey and Mines Bureau
explained the role of Geological Survey and Mines Bureau in sand mining activities
along Maha Oya area.

A panel discussion was also held and the panel consisted of representatives of senior
police officers, GSMB and EFL. Various issues pertaining to sand mining activities in
the respective areas were discussed. Several actions were mutually agreed upon by
the relevant parties as follow up activities of this workshop.

Follow up actions by GSMB

Details/Copies of the licenses to be made available to the relevant police stations

by GSMB.
Relevant updates of the changes in permit format (with a specimen of the
license) to be made available to the relevant police station by GSMB.
GSMB to direct the permit owner of the transport permit to sign on same.
Regional officers of GSMB to be deployed in assisting the police in prosecuting
illegal sand mining activities.
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 Upon receiving the relevant details from the police on convicted vehicles,
restrictions to be imposed by GSMB when issuing permits for those vehicles
again.
GSMB may consider changing / adding the powers of Agrarian Officers in issuing
permits to transport the clay that are being removed with the permission of a
agrarian officer.

Follow up actions by Police

Relevant details of the court proceedings to be made available to GSMB
Details of the arrested vehicles to be sent to GSMB enabling GSMB to take
appropriate action.
Relevant sections of the Mines and Minerals Act to be quoted and emphasized
when supporting a confiscation of a vehicle from courts.
In case there is uncertainty in identifying mined sand from washed sand, the
appropriate samples could be sent to GSMB for analysis.

Meeting 7 Problems and needs of community

Meetings with GNs and DSs on the community needs and problems faced by them in
terms of environmental degradation were discussed. The meetings were held at 3 DS
offices, Katana, Wennappuwa and Dankotuwa. Garbage dumping, illegal mining
activities, untreated effluent discharging to river were mentioned as main problems.
GNs in the relevant administrative areas were given the information on relevant legal
provisions available for redress.
These meetings were held in May, 2011.

Meeting 8 Feedback on project and related issues

This was the final with communities upon the completion of the project. It was held in
the first week of November. Additional updates on the legal provision for mining
activities, other institutions they can approach for resolving their problems associated
with livelihood activities (NGOs who support, Local councils etc), trainings on
empowering themselves (a lecture on leadership, how to meet people, negotiation skills
etc) were given. The end of the project was announced and their views on the project
activities as they experience them were solicited. A feedback on how they should be
further involved was taken. The key points raised during the feedback session were:

- Their participation in the project activities has made them more confident and
those involved in the activities in mainstream were extremely satisfied. They
expressed that it has given them a sense of importance and dignity among
others.

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 - The awareness and advocacy programmes were appreciated since their
knowledge and updates on the legislation and means of redress were before the
project.
- The livelihood programmes were much appreciated and they wanted more
training and support in livelihood activities
- Some of them suggested a total ban of sand mining in the river since they were
on the verge of losing their lands.
- They alleged that institutes mandated for controlling mining and enforcing the
law was partly responsible for the degradation that occurred.
- Some of them suggested that EFL coordinates meetings with all stakeholders
including communities and river and coastal managers.

EFL tried to address most of the above suggestions and comments, but the last point
was only partially attended to since the meetings were only arranged between GSMB
and communities. Other stakeholders were not involved in community meetings, due to
insufficient resources with time and funds.

Meetings with police officers Meetings with police officers

Community meetings and consultations Community meetings and consultations

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Community meetings and consultations Community meetings and consultations

Community meetings and consultations Community meetings and consultations

Community meetings and consultations Community meetings and consultations

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Community meetings and consultations Community meetings and consultations

Feedback sessions Community meetings and consultations

Community meetings and consultations Community meetings and consultations

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