Centre for Environmental Justice (Guarantee) Limited et al. v. HE the President, Gotabaya Rajapakse et al. - Other

Filing Year For Action

The Centre for Environmental Justice (CEJ, a non-profit organisation in Sri Lanka) and its directors have filed a public interest petition under Articles 17 and 126 of the Constitution of Sri Lanka seeking enforcement of fundamental rights against the President of Sri Lanka and several government authorities including the Minister of Environment, Sri Lanka Sustainable Energy Authority, Central Environmental Authority, Public Utilities Commission of Sri Lanka, Ceylon Electricity Board, and the Minister of Transport.

The petition aims to address the Sri Lankan authorities' failure to implement effective climate change policies and protect the environment. In particular, the petitioners claim that the authorities' failure to implement and adhere to the Paris Agreement constitutes an imminent infringement and/or continuous violation and/or violation of fundamental rights through executive or administrative action.

Sri Lanka is considered highly vulnerable to climate change due to its geographic location, rich biodiversity, and unique climate patterns. The petition highlights the country’s vulnerability to rising temperatures, erratic rainfall, and extreme weather events, including floods, droughts, and cyclones. These phenomena pose a threat to ecosystems, agriculture, tourism, and public health.

The petition details Sri Lanka’s growing greenhouse gas emissions, particularly carbon dioxide from fossil fuel usage in electricity production, heat, transport, and manufacturing industries. It highlights deforestation, poor vehicle emission standards, and outdated energy policies as major contributors to observed climate change since the mid-20th century in Sri Lanka.

The petition emphasizes that climate change disproportionately affects the poor, children, and marginalized communities. It cites increased health risks, job losses due to heat stress, and threats to food and water security. The petition also references international indices and reports that rank Sri Lanka poorly in climate resilience and child vulnerability. Petitioners argue that Sri Lanka’s energy mix is overly reliant on coal and fossil fuels, with insufficient investment in solar, wind, and biomass energy sources. They criticize the lack of infrastructure for electric vehicles and the failure to implement promised renewable energy targets. Specific examples include blocked rooftop solar projects and ineffective emission testing programs.

The petition refers to the Nationally Determined Contributions (NDCs) of Sri Lanka and seeks implementation of the targets in relation to renewable energy production. Sri Lanka aims to achieve 70% renewable energy in electricity generation by 2030, down from an initial target of 80%. This was also part of the President's election manifesto. However, the National Budget 2021 reduced the renewable energy target from 80% to 70% of overall energy requirements. CEJ argues that there exists a legitimate expectation to implement the election manifesto.

In this context, the petitioners claim that the Sri Lankan government has a duty to implement effective climate policies and renewable energy initiatives. The petition asserts that the government’s inaction violates several constitutional provisions, including Articles 12(1), 14(1)(g), and 14(1)(h), which guarantee equality before the law, freedom of occupation, and freedom of movement and residence. It also references international conventions and landmark Sri Lankan court cases that affirm environmental protection as a public trust and legal duty.

The petition concludes with a plea for the Supreme Court to recognize the ongoing and imminent violations of fundamental rights and to direct the respondents to take urgent steps under the National Environment Act and relevant domestic legislation. These include implementing climate policies in line with international laws, promoting renewable energy without damaging environmental services offered by the existing nature/ ecological system of the country, reforming vehicle importation standards to introduce a strategic plan to popularize the use of electric vehicles, and launching public awareness campaigns.

In 2024, the Supreme Court directed the respondents to file all the steps that the State has taken to protect the environment, especially the steps taken to mitigate climate change. The Court is set to hear arguments in March 2026.

Centre for Environmental Justice (Guarantee) Limited et al. v. HE the President, Gotabaya Rajapakse et al.

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

The activities of industries that transforms raw materials into finished goods through industrial processes.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Activities that relate to the production of goods and services from forests.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Centre for Environmental Justice (Guarantee) Limited et al. v. HE the President, Gotabaya Rajapakse et al. - Other

Policy instrument

Impacted group

Economic sector

Adaptation/resilience

Finance