Illegal cultivations put Nilgala Forest in jeopardy

Uva Pathanbima, which includes the Nilgala Forest, is a forest which is rapidly falling prey to chena cultivators

Uva Pathanbima, which includes the Nilgala Forest, one of the four unique ecological zones native to Sri Lanka, has yet to be gazetted as a protected forest. As a result, the forest is rapidly falling prey to chena cultivators, according to Monaragala Sobha Padanama Organization. Nilgala Forest, which is not safeguarded under the Forest Ordinance, the Fauna and Flora Protection Ordinance, or the National Heritage Wilderness Areas Act is classified among residual forests and other government forests. Environmental organizations claim that although the Forest Conservation Department’s Monaragala District Forest Officers had completed all necessary steps to declare Nilgala Forest as a government reserve via a gazette notification, the process was stalled. They allege that in May 2023, the relevant file was submitted to then-Minister Pavithra Devi Wanniarachchi, but she had refrained from signing it due to political pressure from politicians in the Monaragala district at the time. 

A lizard belonging to the Lacertidae species

A butterfly belonging to the Barronet Species

“After removing the traditional farming lands from the proposed reserve and identifying the precise boundaries, we forwarded the file to gazette the forest as a reserve to the Biodiversity Unit of the Department of Forest Conservation. Subsequently, it was sent to the Geo-Information Unit to verify boundary accuracy and then to the Law Enforcement Division. Eventually, the file was sent by the Conservator General of Forests through Monaragala District Secretary to the Divisional Secretariat bordering Nilgala Forest to check for any remaining public objections to the reserve boundaries. After addressing these objections, we submitted the file back to the Conservator General of Forests for the signature of the then Minister in charge. However, we are unaware of what happened to it after that,” a wildlife officer at the Bibila site, who wished to remain anonymous, stated when inquiries were made by Daily Mirror.

“There is nothing left of Nilgala Forest. People living near the forest are taking over the land. First, they clear the undergrowth in the forest. They gradually cut the large trees and set fire to them, destroying the forest. Only the parts designated as wildlife reserves are somewhat protected. Within the areas under the jurisdiction of the Department of Forest Conservation, a lot of illegal activities take place,”

- K. M. Dharmasena, a resident from Narangolla, Kotabowa

Rich in biodiversity

Nilgala is a forest complex spanning over 35,000 hectares and rich in biodiversity. This natural savanna forest is bordered by numerous villages, including Bibila, Nilgala, Rathugala, Bulupitiya, Pitakumbura, Karadugala, Galgamuwa, Nelliyadda, Hadagala, Atharagala, Prerana, Peralanda, Thambana, Kotabowa and Bediyawa.

A species of frog belonging to the Nannophrys naeyakei species

Perdicula Asiatica Ceylonensis

Treron Phoenicopterus Phillipsi

This forest belongs to and is protected under the ordinances of both the Department of Forest Conservation and the Department of Wildlife Conservation. The eastern part of the forest, covering approximately 9,000 hectares, falls under the jurisdiction of the Department of Wildlife Conservation, while the majority—spanning over 30,000 hectares—is managed by the Department of Forest Conservation. This forest system serves as the feeder forest for Gal Oya, which supplies water to the Senanayake Samudraya, a source of irrigation for the Eastern Province. Classified as a dry mixed evergreen forest, it receives rainfall from the northeast monsoon.

“It’s unthinkable for the Department of Forest Conservation, with just two or three officers, to safeguard this forest. To protect this forest, an STF camp must be established at its entrance. This proposal was initially made as it wasn’t possible to protect this forest from criminals. But I’m not sure what became of that suggestion,” 

N. Surasena, A former Agricultural Research and Production Assistant (Medagama)

Sri Lanka has four unique ecological zones: Central Highlands, Knuckles Mountain Range, Sabaragamuwa and Rakwana Ranges, and Uva Pathanbima that includes Nilgala. The forest system of Uva Pathanbima is characterised as lowland savanna and is endemic to the Uva Province. Dominant plant species include Aralu (Terminalia chebula), Bulu (Terminalia bellirica), Nelli (Phyllanthus emblica), and Gammalu (Pterocarpus marsupium). The forest also supports a rich diversity of grasses, including Heen Pengiri, Aththuththiri, Maha Pini Baru and Pini Baru. Other flora include Athadi and Vishnukranthi.

A satelight image shows the destruction to Nilgala Forest

An illegal plot of land used for cultivation in Nilgala Forest

Nilgala Forest is home to numerous species endemic to the Uva Province. Among these are two lizard subspecies from the Lacertidae family: Ophisops leschenaultii lankae and Ophisops minor minor, both of which are found exclusively in this forest and are endemic to Sri Lanka.

An amphibian species unique to this area is the rock frog, Nannophrys naeyakei, discovered in the Uva Pathanbima in 2007 by Mendis Wickramasinghe.

 “Nilgala is an ecologically and hydrologically sensitive area with exceptional biodiversity. It not only provides a habitat for numerous endemic plant and animal species, but also serves as the primary feeder forest for the Senanayake Samudraya. Therefore, gazetting it as a reserve is crucial,”

- Jagath Gunawardena, Environmentalist and lawyer

Nilgala Forest also hosts three subspecies of birds endemic to Sri Lanka: Jungle bush quail (Perdicula asiatica ceylonensis), Francolin (Francolinus pictus watsoni), and the Yellow-footed Green Pigeon (Treron phoenicopterus phillipsi). According to the International Union for Conservation of Nature’s Red List (IUCN), all three are classified as critically endangered. Additionally, Streak-throated woodpecker (Picus xanthopygaeus), a rare bird species with a limited range, is found in Uva Pathanbima and its surrounding areas. Another endemic species is Calodactylodes illingworthorum, a gecko that inhabits the shady cliffs of Nilgala Forest.

Nilgala Forest is also home to the endemic gecko Hemidactylus hunae, a rare species with a limited distribution, as well as the tree-dwelling reptile Dasia helianus, another species unique to this country.

Adding to the uniqueness of the forest is the Barronet (Euthalia nais), a butterfly species found exclusively in this area; it feeds on Kutumberiya plants.

“This forest boasts of a remarkable biodiversity and sustains several waterways, including Rambakan Oya, Dahamal Oya, Thammadilla Oya, Dik Oya, and Gal Oya. Protecting this forest would ensure the survival of the Senanayake Samudraya. Unfortunately, few seem to recognise its importance. The forest is being destroyed daily by various groups. Each year, approximately 800-1,000 hectares in Kotabowa division are claimed for fertilizer subsidies. Only less than 20% of these lands have supportive documents; the rest are unauthorised government lands. These areas were once part of Nilgala reserve, but for years, people have occupied and cultivated them. Some claim to have permits for chena cultivation in Nilgala Forest, but it’s unclear how those permits were issued. There are claims that 250 acres of forest was cleared for cultivation in 1996 during President Chandrika Kumarathunga’s administration, but none of those who are cultivating there possess valid permits. Permanent buildings now stand on these lands. It’s unthinkable for the Department of Forest Conservation, with just two or three officers, to safeguard this forest. To protect this forest, an STF camp must be established at its entrance. This proposal was initially made as it wasn’t possible to protect this forest from criminals. But I’m not sure what became of that suggestion,” N. Surasena, who served as an Agricultural Research and Production Assistant in Medagama area, stated.

According to residents of the area, much of the land belonging to Nilgala Forest has been occupied by people from areas such as Monarawana, Kalugahawadiya, Aratumedilla, Kongolla, Nannapurawa, Senpathigama, Aiwela, Badiyawa, Pitakumbura and Thambana. These individuals have reportedly been encroaching on the forest year after year, selling the land to others at prices ranging from Rs. 200,000-300,000 per acre. 

K. M. Dharmasena, a resident from Narangolla, Kotabowa, said: “There is nothing left of Nilgala Forest. People living near the forest are taking over the land. First, they clear the undergrowth in the forest, which includes large trees like Aralu, Bulu and Nelli and cultivate the area. Later, they gradually cut the large trees and set fire to them, destroying the forest. Only the parts designated as wildlife reserves are somewhat protected. Within the areas under the jurisdiction of the Department of Forest Conservation, a lot of illegal activities take place.  Even now, you can witness tractors plowing forest land. Government forests are being cut down, lands are being seized, roads are damaged and sand mining is carried out. Forest officers are present in these areas, but crimes are prevalent. After culverts were built across the roads leading to the forest and canals, tractors and other vehicles have found ways to enter the forest. That’s why the destruction of the forest has worsened,” he explained.

H. A. Latif, a fifty-seven-year-old farmer from Nannapurawa, Kotabowa, and father of four, is involved in illegal cultivation along the border of Nilgala Forest. He shared his perspective on the crimes occurring in the vicinity of Nilgala. “In 1996, during Chandrika Kumaratunga’s tenure, 250 acres were allocated to us on the other side of Dimbuldena streamlet. Later, during Mahinda Rajapaksa’s tenure, another 250 acres were provided. Our community has been cultivating these lands for 10 to 15 years now. However, many of us still haven’t been issued with legal documents for these lands. When we inquire about licences, the authorities claim that lands within Nilgala reserve cannot be granted. However, the person, whose land is next to mine, has been issued with a licence. We don’t destroy the forest, but we acknowledge that some individuals are causing destruction. There are people who enter the forest at night with chainsaws to cut down trees and return during the day to dig the field using tractors. Years ago, a group of monks came and consecrated the trees in Nilgala area to protect the forest. Some have even cut down those consecrated trees, clearing the way for chena cultivation in the forest,” said Latif.

Critical habitat for wild elephants

Nilgala Forest serves as a critical habitat for a large number of wild elephants. However, the destruction of forests due to chena cultivation and the resulting fragmentation have disrupted elephant trails; leading to increased human-elephant conflict in the area. Villagers in and around Kotabowa said that protecting their crops has become a significant challenge due to the frequent encroachment of wild elephants.

“Every year, vast areas of Nilgala are consumed by fires. It’s not just accidental burning; these are deliberate acts. While it’s difficult to determine the exact extent of the damage, it’s estimated that over 1,000 to 1,500 acres are destroyed annually. These fires are caused by people from nearby villages, often for various reasons, including encroachment of forest lands. According to Section 9 of the Fauna and Flora Protection Ordinance, as last amended by Act No. 22 of 2009, any development activity within one mile of a national park boundary requires prior written approval from the Director General of Wildlife. Despite this law, a 500-acre pineapple plantation was recently established along the boundary of Gal Oya National Park; leading to the complete destruction of the forest in that area. Additionally, as per Gazette No. 772/22, dated 24th June 1993, issued under the National Environment Act No. 47 of 1980 (as amended), any clearing of forest land exceeding one hectare for development purposes must be subject to an Environmental Impact Assessment (EIA). 

“However in 1996 and 2009, politicians allocated 250 acres each in this forest area, disregarding the country’s legal limits. Given this precedent, it’s no surprise that villagers aligned with local politicians are now seizing forest land. What’s urgently needed is the swift eviction of those illegally occupying forest land within Nilgala, proper boundary demarcation, gazetting the forest as a reserve, and ensuring its protection,” said Anura Wickramasinghe of Monaragala Sobha Padanama Organization.

Nilgala has long been under the control of chena cultivators, and issues of land ownership arise when they are arrested and prosecuted. As a result, the Department of Forest Conservation has been working for years to gazette Nilgala as a reserve to establish legal clarity and protection. They submitted the necessary file to the Department of Forest Conservation in early 2022, following the initial steps of abandoning the traditional farmlands surrounding the forest and marking the reserve boundaries, in order for the forest to be gazetted as a reserve. 

However, according to the relevant procedure, the then Director General of Forest Conservation forwarded the file back to the Divisional Secretaries bordering Nilgala through the Monaragala District Secretary, allowing them the opportunity to raise any further public objections regarding these boundaries in the first quarter of 2023 before it was gazetted. Environmental organizations in the area were unhappy with the Forest Conservation Director General’s decision to raise public objections again, despite the fact that officials of the Department of Forest Conservation had already provided a fair solution to the illegal chena cultivations present around Nilgala.

According to forest officials, with this reference from the Forest Conservator General, there has been unprecedented opposition from the community around Nilgala to the Nilgala reserve proposal, which was not present before. Environmental organizations in the area claimed that the strongest resistance came from local politicians of the then-government and smugglers who had acquired 20-25 acres of forest land for maize cultivation. These organizations also underscored that the resistance was bolstered by the support of certain heads of government institutions who were aligned with these politicians. The issue became a significant point of discussion at various meetings, including Monaragala District Development Committee and Bibila, Medagama, and Madulla Divisional Development Committees, as well as Agriculture Committees and related meetings. Both government and opposition politicians, along with some divisional secretaries, opposed the proposal to declare Nilgala a reserve, arguing that it would result in the loss of extensive farmland for local farmers, according to environmental organizations. 

While the ruling party and opposition politicians in Monaragala opposed the proposed Nilgala Reserve, arguing that lands of farmers would be lost due to its boundaries, these politicians pressured the Department of Forest Conservation to request an additional 5,000 acres from Nilgala boundary, claiming the land was needed for a sugarcane plantation project. As a result, the Department of Forest Conservation was compelled to revise the reserve boundaries and allocate 5,000 acres to a private company for sugarcane cultivation. Additionally, they addressed nearly 150 objections from farmers in the Bibila, Medagama, and Madulla Divisional Secretariats against the reserve boundary, leading to the exclusion of approximately 2,000 acres from the proposed reserve boundaries.  

“The Department of Forest Conservation altered the boundaries of Nilgala Forest caving under pressure applied politicians and chena cultivators in the area at the time. The destruction caused by these chena cultivators to the reserve is staggering. Despite our objections, 32 places, totaling 2,000 acres of land that should have been included in the reserve, were released back to chena cultivators,” alleged Ravindra Wickramasinghe of the Sobha Padanama Organization.

A committee comprising members of the Department of Forest Conservation and the relevant Divisional Secretary reviewed the complaints regarding the proposed reserve boundaries and provided acceptable solutions, after which the revised boundaries for Nilgala Reserve were resubmitted to the Department of Forest Conservation’s head office for gazetting in May 2023.

However, over a year has passed since the revised boundaries were submitted to the General Conservator of Forests, and no action has been taken to officially gazette the reserve. This delay has caused disappointment among environmental organizations and activists. 

“Nilgala is an ecologically and hydrologically sensitive area with exceptional biodiversity. It not only provides a habitat for numerous endemic plant and animal species, but also serves as the primary feeder forest for the Senanayake Samudraya. Therefore, gazetting it as a reserve is crucial for its long-term protection,” said **Jagath Gunawardena, a prominent environmentalist and lawyer.

Environmental organizations have expressed dissatisfaction with regard to the decision of the Conservator General of Forests to re-survey Nilgala. They argue that most of Sri Lanka’s gazetted forests have relied on GPS technology to define their boundaries, so they question why a different approach is being applied to Nilgala.

“The GPS survey of Nilgala was conducted after resolving all public objections. In that case, we cannot accept what the Conservator General of Forests is saying. The funds for this survey have not been received, and we don’t know if they will be. He (Conservator General) should have declared the reserve based on the existing boundaries, and if the funds had been received, he could have conducted the survey of the relevant land and addressed any issues. However, he did not make Nilgala a reserve and instead left it open to please the politicians of the previous government. Therefore, we expect a fair and swift decision from the new government,” said Rohan Pushpakumara of the Sobha Padanama Organization.