Litigants against harmful wind power project demand safety of Mannar Island
Conservationists and environmental groups have renewed their concerns about this project and proposed to authorities to consider alternative locations for projects of this nature
The Thambapavani plant is in the southern edge of Mannar Island, but Adani is going to block the entire island, leaving no space for birds to fly through
Mannar Island holds environmental importance because it attracts over 15 million birds from over 30 countries via the Central Asian Flyway.
Mannar Island, which is home to some of the world’s most beautiful migratory bird species including flamingoes, was proposed as the potential location for a mega scale renewable energy project. Drawing environmental concerns, several leading environmental groups filed a case against the project proponent, Adani Green Energy Limited in Supreme Court. Following these concerns, the project was withdrawn in February, citing prolonged discussions and renewed government negotiation efforts. Thereafter the petitioners also withdrew their petition. However, at a recent media briefing, leading conservationists including Dr. Rohan Pethiyagoda and environmental groups including Wildlife and Nature Protection Society (WNPS), Environmental Foundation Limited (EFL) and Centre for Environmental Justice (CEJ) renewed their concerns with regards to this project while proposing authorities to look at alternative locations for projects of this nature so that they would have less environmental impact.
An island rich in avifauna
Mannar Island is an important and highly sensitive area; equally important as the Sinharaja Rainforest, Horton Plains, Knuckles Forest Reserve and several other biodiversity sites in the country. Speaking at the media briefing, Sampath Seneviratne, Professor of Zoology, Department of Zoology and Environment Sciences at the University of Colombo explained that Mannar District comprises the Mannar town, Gulf of Mannar and Palk Strait. “We are worried about the extremely sensitive and extremely important Mannar Island and the placement of windmills on that island,” he said.
What makes Mannar Island a place of environmental importance is the fact that it attracts over 15 million birds from over 30 countries via the Central Asian Flyway. “There are eight major flyways which are used by over 8 million birds from across the globe. Of these eight major global flyways, the Central Asian Flyway is a key component and Mannar is one of the main arteries of this Flyway. These flyways have been covered under the Convention on Migratory Species (CMS) to which Sri Lanka is one of the signatories and we are globally bound to protect these birds that fly across the globe. Mannar has also been identified as a main destination by the Global Convention on Biological Diversity,” he added.
Prof. Seneviratne further said that around one million species live on Mannar Island during the migratory period and they are all covered under the CMS. “This is not a problem of environmentalists, but a problem about Sri Lanka and its legal binding and commitment to protect these animals coming from 30 countries including Europe.”
From flamingoes to a flock of 400,000 birds including critically engaged species arrive in Mannar during this period. During the Northern summer (May-August) there are 30,000 species of birds representing eight critically endangered species in Mannar. Therefore Mannar is a sensitive destination. “Over the past five years, the University of Colombo led international teams funded by local and global conservation groups to conduct research in this area and these studies indicate that Mannar is a central location for birds who travel all the way to the Arctic, Himalayas and various other destinations. By using satellite imagery we have identified birds endemic to Russia, Himalayas, Central Asia and Far East China,” he added.
Speaking about some of the migratory visitors, Prof. Seneviratne said that the Brown-headed gulsl for instance lay eggs at the Tibetan plateau, come to Mannar along the Western route, spend the winter from October to March and fly North via the Eastern route and reach their home destination again. “The Hornbill sandpiper is another such iconic species that naturally migrates to Mannar. Mannar Island is completely full of these birds, but from the mapping data it’s clear that they haven’t travelled towards Mannar District. So our concern is with regards to this heavy congestion of birds that fly over to Mannar Island,” said Prof. Seneviratne.
However, in 2023, the Government of Sri Lanka declared Mannar and its surrounding areas as Environmentally Sensitive Areas. This includes Adam’s Bridge National Park, Vankalai Ramsar Site and Veditaltivu Nature Reserve. There are various types of birds from shorebirds to plovers, gulls and pelagic species; all of them aggregate into the Mannar Island and use it. Therefore this Island is especially sensitive when compared to surrounding areas, according to Prof. Seneviratne.
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But interestingly, apart from Mannar, Sri Lanka’s wind energy atlas of Sri Lanka indicates many other regions such as North, Central Highlands and Rakwana Hills that are identified based on wind consistency. “Therefore Mannar Island is not the only place for wind mills. As a nation we can’t depend on wind speed for everything. What if the wind speed is higher in Colombo? Are we going to remove everything and setup windmills there,” he questioned.
Explaining the nature of the windmills, Prof. Seneviratne said that wind tower is about 220 metres in height and a blade is about 80-90 metres. The diameter of a blade is about 160 metres. “So we are talking about a huge building. Imagine when 52 such wind towers are installed on an environmentally sensitive island! The strategic sensitivity map for Mannar indicates that there’s a high risk for flying objects if more windmills are installed. Therefore 220m tall rotating structures in a passage used by over 15 million birds would bring about a high risk outcome. There are footage of birds who have suffered injuries due to windmills at Mannar phase I or Thambapavani windmill. The developers of the Thambapavani windmills admit that the number of animals dying there is more than predicted models. The Thambapavani plant is in the southern edge of Mannar Island, but Adani is going to block the entire island, leaving no space for birds to fly through. Therefore the risk to birds is high. If all proposed windmills come to Mannar Island, they would destroy the airspace on this island,” he cautioned.
In addition to birds, Mannar is also home to several other species including the critically endangered dugong, endangered fishing cat and so on. In addition it is home to 67,000 people and is one of the oldest settlements in Sri Lanka. Prof. Seneviratne further said that if the Adani wind power project is executed on Mannar Island, it would impact the carrying capacity of the Island. But in terms of alternatives, the southern part of Mannar such as Musalai too receive strong winds and there are other locations with more wind and less environmental impact. “We are not against wind energy, but Mannar Island is highly sensitive. Therefore, Mannar is not the place for wind energy,” he underscored.
Legal flaws
The Centre for Environmental Justice (CEJ) was another litigant against the Adani wind power project. Speaking at the media briefing, CEJ Chairman, attorney-at-law Ravindranath Dabare said that the cases were withdrawn following the submissions made by the Attorney General in courts which indicated that the project would not be executed. “However we have retained the right to re-litigate if a project of a similar nature – one that infringes the rights of flora, fauna and human beings, is being proposed,” he added. Dabare said that as a country, Sri Lanka has ratified the Convention on Biodiversity. “According to that, we can’t take decisions that would harm any bird species. We don’t have a right to violate a soft law. Therefore if someone continues the project we are violating a soft law and it would give rise to a legal issue. In addition, Section 31 of the Flora and Fauna Protection Ordinance (FFPO) provides legal protection on protected species and with this project, this protection is being violated. A huge number of protected species, predicted from the previous Environmental Impact Assessment (EIA) would be affected. Thirdly, one of the main requirements of an EIA is to provide an alternative location. But if recommendations for an alternative location is not included, then it is a legal flaw. Certainly there are alternative locations as mentioned by Prof. Sampath,” said Dabare.
He further said that when these projects are handed over to foreign entities there is an issue about energy sovereignty. According to the Constitution, sovereignty is in the public. It states that “in the Republic of Sri Lanka, sovereignty is in the people and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise. One part of sovereignty is energy sovereignty and according to Dabare it cannot be alienated to some other entity. Article 14 1 (g) of the Constitution guarantees every citizen the freedom to engage in any lawful occupation, profession, trade, business, or enterprise, either individually or in association with others. But the Adani wind power project may affect people engaged in the fisheries industry in Mannar Island. In addition, the state has a responsibility to improve the environment for the benefit of the community.
He further spoke about the Sri Lanka Sustainable Development Act No. 19 of 2017. “Section 2 (b) of this Act indicates that it is a duty vested on the government to use natural resources in an ecological and efficient manner. But if these projects are continued this law too would be violated. Then what about sound pollution? The EIA didn’t mention about any measurements on sound pollution. Due to the changes in wind, sound levels would vary,” he added. In Sri Lankan law, intergenerational equity, the principle of ensuring environmental protection for future generations, is recognised through various legal frameworks, including the Constitution, international treaties, and court decisions, though not explicitly named as a fundamental right, but is inherent in the right to a clean environment. Dabare said that when projects are being carried out to limit the rights of people, laws such as the Public Trust Doctrine and principles of intergenerational too would be violated.
A note for the future
In his remarks, biodiversity scientist, freshwater fish taxonomist, author and public policy advocate Dr. Rohan Pethiyagoda said that environmental groups such as WNPS shouldn’t be considered as enemies when it comes to standing firm ground against environmental destruction. He drew an example of how the esteemed wildlife Organisation voiced against the felling of trees in Sinharaja, Kanneliya and several other forest reserves to feed what was Asia’s largest plywood warehouse. He said that the environmental groups are highlighting the importance of Mannar Island as it shouldn’t fall victim to a project that would take a toll on biodiversity as well as humans in future.