Mining controversy: Remember the case of Freeport MacMoran

I refer to the article on Mining Licences by Namini Wijedasa published in the Sunday Times of December 1 as an INSIGHT report.

That report brought to my memory an earlier instance when the Geological and Mines Bureau, along with the Ministry concerned and the Attorney General, tried to justify the right and reasonableness of granting a licence to Freeport MacMoran or its agents to mine the mineral phospate at Eppawala.

That was in 2000 AD in SC (FR) Application No. 884/99. That Fundamental Rights Application had been filed by seven petitioners, when a large group of people had failed in their efforts to stop that project taking effect. The case was argued before three judges of the Supreme Court, Justices Amerasinghe, Wadugodapitiya and Gunasekera.

After an exhaustive inquiry, covering a wide range of subjects from technology, history, geography, irrigation, economics, rights of people to enjoy its natural resources, the nature of the State as a Trustee of the people, and various clauses in the Constitution which guarantee the rights of the people, and considering the opinions of learned scientific bodies in the island, and of individual professors, the judges held that if the stipulated mining licence was to be granted that certain Fundamental Rights guaranteed by the Constitution were in imminent danger of infringement, and hence held in favour of the petitioners.
Justice Amerasinghe not only demolished all the arguments brought by the defence, but along with the agreement of the other two judges, stipulated various condiditons that should be fulfilled by any future applicants for licences to mine minerals in this cointry. That was primarily in respect of phospates, but the conclusions were to be applicable to any licences sought for future mining of minerals in the island.

It is unlikely that the Geological and Mines Bureau would have forgotten or overlooked that judgment, but it may be prudent to forward a copy of it to the Minister concerned, so that he would be fully aware of the contents of that judgment, which was immediately after its pronouncement hailed as a landmark judgment, and was also appreciatively recognized the world over.
I believe, that certain stipulations embodied in that judgment have become case law in this country, and hence the officialdom should not let itself and the Cabinet of Ministers err by default.

Haris de Silva, Via email

A step too many: Spare a thought for us pensioners

Some of the pension branches in the Divisional Secretariat Offices are on the upper floors of the buildings. Despite their age and ailments, the pensioners are forced to climb many steps to get to the pension branch.

Many of the pensioners are affected with various kinds of diseases. They can hardly climb a few steps. In some Divisional Secretariats, there are a couple of other offices on the ground floor, while the pensions branch is on the upper floor. Why not be more thoughtful and caring about pensioners?

I would like to draw the kind attention of the Minister of Public Administration and Home Affairs to this vital matter. All the pensioners will be very happy to hear that the pension branches at Divisional Secretariats are on the ground floor.

Bernard de Silva

Who has forgotten what?

I read that moves are afoot to retire lawyers over seventy years – the argument being that they have forgotten the law.
I would like to remind those behind this move that we old timers have forgotten more law than the scatterbrained authors of this scheme ever knew-and then we have not forgotten much. Have we?

Nihal Ratnayake, Dehiwala

Lessons to learn from a trip to Jaffna

On a recent visit to Jaffna we had the opportunity to see the destruction as well as the development that is being carried out there. The roads are superb and each and everyone in Sri Lanka who are not residents there should go and spend at least three to four days to get to know and feel the pulse of the place.

Other than that there are a few things or scenes that strike you as unusual. Why is that you do not encounter or see sweep ticket sellers in Jaffna? Is it because they do not believe in luck and rather believe in hard work? Why is that you do not see people glued to their cell phones. In the south one invariably sees people on the phone even while driving, walking etc., We here spend so much money on cell phones talking nonsence.

Why is that in Jaffna you hardly see Premios, Monteros, BMW’s etc? You see only motor cycles and bicycles. Elsewhere in the country you see a mad rush near all schools with parents dropping their children in luxury vehicles. In Jaffna, children, teachers, Govt. servants ride bicycles and they look healthy.

Why is that in Jaffna you see women wearing sarees, shalwars, and other attire that cover their bodies unlike the less modest clothing we see here? Jaffna ladies command respect by their attire. Most importantly why don’t we not see a single billboard advertising tuition classes. Is it because they hold classes free of charge? Just try and tell a tuition master elsewhere in Sri Lanka to hold classes free of charge?

If Jaffna people can be law-abiding well disciplined and hard working, why can’t we?

Sunil R. Wickremeratne, Mathugama