National Environmental Policy – Sri Lanka

A Critical Analysis

The National Environmental Policy (NEP) and National Environment Action Plan (NEAP) 2022 – 2030, themed the ‘pathway to sustainable development in Sri Lanka’, was launched at the auditorium of the Ministry of Environment on the 19^th of December.

The National Environmental Policy and Strategy (NEPS) formulated and published by the Ministry of Environment and Natural Resources in 2003 has been the key policy document that guided decisions on environmental issues in Sri Lanka in the past. In addition, A draft of the National Environmental Policy was published in 2021 for public comments. But the final publication seems much more extensive and time specific than the draft publication.

Through this article, the Climate Fact Check Team hopes to create awareness and educate the public on what is included in these documents and what it encompasses for the country.

The vision and mission of the NEP are to safeguard the environment while ensuring ecological sustainability for the present and the future and to ensure sustainable use, management and protection of environmental resources to create enabling conditions for sustainable development in Sri Lanka through a well-defined policy framework respectively.

In addition, the NEAP revision was guided by the following principles;

• In the next decade, Sri Lanka, as a middle-income, developing country, will prioritise sustainable economic and human development.
• The concept of wise use of natural resources will underpin the country’s economic and social policies and development investments.
• Sustainable consumption and production will be promoted through incentives/disincentives at different levels – public, private and individual.
• Although not a high GHG emitter, Sri Lanka will commit to transitioning to a low-carbon, green economic model with international technical and financial assistance.

The Key Policy Principles included in the NEP.

The NEP is based on 11 main principles of Environmental Management, namely;

1. Sustainable development and green economy: In addition to the 17 SDGs, principles of creating a green economy are included.
2. Polluter pay, Beneficiary pay and Compensation: Valuing the damage done to the environment and benefits gained from the environment to impose the liabilities accordingly. The Polluter Pays Principle (PPP), The Beneficiary Pays Principle (BPP) and Payment of Ecosystem Services (PES) are considered. Read more here, Archived.
3. Life Cycle, Circular economy and 3R: The Life Cycle Principle (LCP) provides a holistic approach for assessing the environmental impacts at each stage of a particular product’s life cycle. The Circular Economy (CE) is a new way of creating value, where products are designed for durability, reuse and recyclability. Finally, the  3R concept refers to Reducing, Reusing and Recycling in terms of consumption and production.
4. Safe Minimum Standards: The Safe Minimum Standards (SMS) approach to environmental protection is a collective choice process that recommends protecting a minimum level of a renewable natural resource unless the social costs of doing so are by some means excessive or intolerably high.
5. Precautionary Principle: The precautionary principle is a philosophical and legal approach that emphasises caution when making decisions in situations with a high

level of uncertainty.

• Rewards, Stewardship and Reciprocity: Motivating human actions towards a positive environmental change.
• Equity, Inclusivity and no one left behind
• Efficiency in resource use
• Planetary Boundaries: the environmental: limits within which humanity can safely operate. It presents a set of nine planetary boundaries.
• Common but differentiated responsibilities: Applied especially in the international environmental challenges.
• Public Trust Doctrine: The Public Trust Doctrine (PTD) is the most promising legal norm

upon which the citizens can rely to realise their right to a sound environment.

Thematic areas included in the NEP and the NEAP

The NEP has seven thematic areas in which policies have been described, and the nine thematic areas in the NEAP coincide with them.

1. Land and Water Resources

The first Thematic area on the NEP coincides with thematic areas 5&7, Sustainable land resource management and integrated water resource management, respectively, in the NEAP. Land and Water Resource Management is critical to enhancing the sustainability of the economy of Sri Lanka, especially agriculture production, since the unrestricted expansion of cultivation area is no longer possible. The policies fall under the key regions, with 11 policies under integrated Management of Land and Water Resources, Spatial Strategy and Land Use Planning. 9 policies under environmentally sensitive land and water resources focus on restoring watersheds and degraded lands. Seven policies on participatory management of Land and water resources.

In the NEAP, the 5^th Thematic Area includes how land use changes have transformed land cover to farmlands, human settlements and urban centres at the cost of natural vegetation. Many studies have shown strong linkages between the present trends of land-use changes and deforestation, biodiversity loss and land degradation. Increased population pressure in different types of natural lands results in many consequences and impacts threatening ecosystem components’ sustainability, consistency and existence. Improper and un-synchronized land governance and unfriendly land use changes aggravate land degradation reducing the capacity of on-site and off-site ecosystem functions. The action plan for this thematic area has nine strategies and 53 actions to meet sustainability objectives. And the 7^th Thematic Area includes 14 designs and 74 steps to achieving sustainability in managing water resources essential to provide safe drinking water to the country. Please read our article on water management here and agriculture here.

• Biodiversity and Ecosystems

As discussed at the COP15, the UN’s Biodiversity Conference, and considering that Sri Lanka is a biodiversity hotspot, it is essential to conserve the remaining life in the country for economic and social development. This includes the technical areas, In-situ conservation of flora and fauna, conservation of wetlands, Regulating, Controlling and Monitoring Losses, Threats and Conflicts on Biodiversity and the Sustainable use of biological resources and ecosystems.

The 2^nd thematic area, biodiversity conservation and sustainable use in the NEAP, include seven strategies and 37 actions to address the objectives of this theme. It focuses on conserving biodiversity to gain optimum ecosystem services which cater to humans in more than one way. This includes the provision of food, fodder, fibre, timber and medicinal and ornamental resources; regulation of air and water quality, erosion and climate regulation; carbon sequestration; providing habitats for pollinators; pest and disease regulation; soil formation; primary production; nutrient and water cycling; aesthetic values, recreation and eco-tourism; as well as knowledge and educational services.

• Coastal and Marine Resources

The NEAP includes conserving and sustainable use of marine and coastal resources as the 4^th thematic area. Sri Lanka is an Island nation, and hence is essential to ensure the safety of the coastal belt found around the country. However, Sri Lanka’s coastal zone is threatened by increasing population pressure and unmanaged human activities that cause coastal water pollution because of sewage and solid waste; industrial effluents; pollution by tourists; the sectors of power, fisheries and aquaculture; oil spills; heavy metals and plastics. It describes nine strategies and 49 actions to overcome these threats.

The NEP includes the technical areas; Conservation of coastal and Marine ecosystems with seven policy statements, Management of coastal erosion with three policy statements and Management of coastal and marine pollution with four policy statements.

• Environment Pollution Prevention, Control and Waste Management

An unresolved issue due to poor management, this thematic area includes technical areas on managing atmospheric pollution, water pollution, sustainable management of solid waste and policies describing the control of other pollutants such as Noise, Visual, Thermal, Light, and Radioactive.

The NEAP includes ten strategies and 60 actions to address air quality management, nine systems, and 63 steps to meet the challenges in holistic waste management. Though natural phenomena could generate waste, the current severity of waste issues is attributed to urbanisation, induindustrialisation economic growth of human societies.

• Climate Change and Global Environmental Challenges

As economies become globally integrated, their environmental consequences also are increasingly felt beyond national boundaries. The rising threat of climate change, depletion of the ozone layer, loss of global biodiversity and pollution of global commons such as the atmosphere and oceans are significant examples. Of tClimatenge has emerged as the most prominent global environmental issue, with far-reaching impacts projected worldwide.

The NEP has broken this thematic area into two sub-groups: Climate Change adaptation, mitigation and loss and damage, Other International Environmental Challenges and International Cooperation wit,h 1,1 and 5 policy statements included, respectively. In addition, the NEAP consists of a section on Climate action for sustainability, comprising six strategies and 121 steps.

• Built Environment and Green Development

The built environment usually refers to human-made surroundings that provide the setting for human activity, ranging in scale from buildings and parks or green space to neighbourhoods and cities that can often include their supporting infrastructures, such as water supply or energy networks. This consists of the technical areas of Green Cities and Townships with a focus on Greening the Built Environment and Green Development and Manufacturing. However, the development strategies implemented in Sri Lanka in the past still needed to consider many of these green building strategies. Hence, there will be a significant investment in converting the existing infrastructure based on the green concept.

The NEAP includes the thematic area 8, Environmental Management in Cities and Human Settlements, with nine strategies and 60 actions to meet sustainability objectives. And thematic area 9, Greening Industries, with nine plans and 72 steps to be implemented by various stakeholders.

• Cross-Cutting Issues and Challenges

This thematic area focuses on policies required for Institutional Coordination, Resource Mobilization, Market-Based Instruments, Research and Development, Data and Information for Monitoring and Evaluation, Traditional Knowledge and Traditional Practices, Community Engagement and Participatory Management, Training, Education and Awareness.

The recent NEAP differs from previous versions because it contains indicative costing, a resource mobilisation plan with innovative financing mechanisms, and a communication and knowledge management chapter. Importantly, it also has institutional arrangements for implementing and coordinating the NEAP. Therefore, in addition to the nine thematic areas presented, a section on resource mobilisation, implementation and monitoring structures, and communication, information and knowledge aspects of the NEAP is provided as three cross-cutting areas.

We hope to investigate each thematic area further and present a critical analysis of the country’s reality with the set policies and action plans, so stay tuned.