Sri Lanka

ADB Water Policy, and Privatisation - A case study in Sri Lanka

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The Dispossession

ADB Water Policy, and Privatisation
A case study in Sri Lanka.

Hemantha Withanage
Executive Director/Senior Environmental Scientist
Environmental Foundation/Friends of the Earth Sri Lanka

“No we are not satisfied, and we will not be satisfied until justice pours down like water, and righteousness like a mighty stream”
Martin Luther King Jr.

Introduction

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S.C. Special Determination Nos. 14, 15, 16/2003 (TRIPS and Intellectual Property Rights case)

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA

A Bill bearing the title “Intellectual Property”

In the matter of petitions under Article 121(1) of the Constitution.

Present: Sarath N. Silva - Chief Justice
Shirani A. Bandaranayake - Judge of the Supreme Court
J.A.N. Silva - Judge of the Supreme Court

S.C. Special Determination
No.14/2003
Dr. Kamalika Abeyratne,
No.91A, Fifth Lane,
Colombo 03.
Petitioner
Counsel: Ms. I.R. Rajepakse with Ms. S. Daluwatte

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Constitution of Sri Lanka (selected provisions)

CHAPTER III – FUNDAMENTAL RIGHTS

Article 11.

No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 12.

(1) All persons are equal before the law and are entitled to the equal protection of the law. ...

Article 13(4).

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Withanage Don Hemantha Ranjith Sisira Kumara Vs. Director Coast Conservation, CA no. 551/2005 (2005.03.29) (Original Petition)

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application for orders in the nature of writ of mandamus under and in terms of the provisions of Article 140 of the Constitution

C.A. Application No: / 2005

Withanage Don Hemantha Ranjith Sisira Kumara,
Executive Director,
Centre for Environmental Justice,
59/14, Kuruppu Road,
Colombo 08.

PETITIONER

Vs.

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Petition to the United Nations concerning human rights violations connected the Southern Transit Development Project (STDP) (Legal background)

BACKGROUND LAW

NEA - EIA PROCESS

The proposed expressway is a project that needs to obtain approval under Part IVC of the National Environmental Act No.47 of 1980 as amended by Acts No.56 of 1988 and 53 of 2000.

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Criminal Procedure Code (Selected sections)

CHAPTER IX - PUBLIC NUISANCE

A.—ORDERS FOR REMOVAL OR ABATEMENT IN CASES OF NUISANCE

98. (1) Whenever a Magistrate considers on receiving a report or other information and on taking such evidence (if any) as he thinks fit—

(a) that any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river, or channel which is or may be lawfully used by the public or from any public place; or

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Mundy vs. Central Environmental Authority and others (SC Appeal 58/2003) (decided 20 January 2004)

The Supreme Court of the Democratic Socialist Republic of Sri Lanka

SC Appeal 58/2003
CA Application 688/2002

Heather Therese Mundy,1 Baddegodahena Estate, Weedagama, Bandaragama.
Petitioner-Appellant

Vs

1. Central Environmental Authority, Robert Gunawardena Mawatha, Battaramulla.

2. The Road Development Authority, "Sethsiripaya", Battaramulla.

3. Rajitha Senaratne, Minister of Lands,
80/5, `Govijana Mandiraya`, Rajamalwatte Road, Battaramulla.

4. C.Gamage, Divisional Secretary, District Secretariat, Bandaragama.

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National Environmental Act, 1980, 1988, Part IV C - Approval of Projects

23Y. For the purposes of this Part of this Act, the Minster may by Order published in the Gazette specify the state agencies (hereinafter in this Part referred to as “project approving agencies”) which shall be the project approving agencies.

23Z. The Minister shall by Order published in the Gazette determine the projects and undertakings hereinafter referred to as “prescribed projects”) in respect of which approval would be necessary under the provisions of this Part of this Act.

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Pages

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