SRI LANKA: Access denied for the disabled to visit the zoological gardens

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the administration of the Dehiwala Zoological Gardens, under the newly appointed Director has demolished several access roads built especially for persons with disabilities. They have demolished the main access road for near the main entrance, and access roads to Nos: 1-60 inside the zoological gardens, the access roads to the Butterflies Garden, and several other such aceess roads within the premises. According to information the demolishion of these access roads for the disabled have taken place as part of a modernizing process of the zoological gardens recently.

The Supreme Court in the year 2009 specifically made an order issuing guidelines to all state agencies and state owned public corporations to build the necessary access roads for disabled persons. The Disabilities Act of No. 20 of 1996 stipulates that inter alia, access to all public places for the disabled should be ensured. Civil society organisations and others concerned demand the authorities to investigate the situation and take all the necessary measures to protect the rights of disabled and to provide to them easy access to all such public and other places in the country.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) the administration of the Dehiwala Zoological Gardens, under the newly appointed Director has demolished several access roads built especially for persons with disabilities. This has been done as part of a restructuring and modernization effort at the Dehiwala zoological gardens. According to reports the demolished acess ways include the main access road for the disabled at main entrance; the access roads 01 to 60, inside the gardens; the access road for the disabled into the butterfly gardens, and the several other such accesses within the premises.

The special access roads at the Dehiwala Zoological Gardens, for persons with disabilities were constructed following a Supreme Court guideline issued in 2009, in a fundamental rights violations application filed by Dr. Ajith C. S. Perera, the Chief Executive and Secretary General of ‘IDIRIYA’ – a voluntary organisation promoting the rights of the disabled persons.

According to the sections 23 and 25 of the Disability Rights Act No. 28 of 1996 of Sri Lanka, the parliament has recognized to protect, the rights of disabled people, in the country. In addition to that, in the year 2006 additional regulations were also made, through the Disabled Persons (Accessibility) Accessibility Regulations, No.1 of 2006. These regulations were published in the Extraordinary Gazette where in Section 2(1) stipulates “… a timeframe of three years, to provide access facilities for the disabled to public buildings, public places and places where common services …” are being provided. Following these laws and regulations, the Ministry of Science and Technology in March 2007, launched the Sri Lankan Standards (SLS ISO TR 9527:2006) in compliance with the regulation.

Failure to meet the stipulations of the 2006 regulations in any significant way by the year 2009 resulted in a further Extraordinary Gazette notification No. 1619/24, dated 18/9/2009 which repealed Section 2(1) and substituted it by extending the timeframe to provide aces to the disabled by eight years from the operation of the 2006 regulation, hence 2014 is the new set target date.

Complying with the above regulations, the previous administration of the Dehiwala Zoological Gardens built several access roads facilitating people with mobility disabilities. Those include the main entrance at the Dehiwala Zoological Gardens and almost all the sites inside the gardens. These access roads helped thousands of visitors, with special needs during the last several years. Annually, over one and half million local and foreign tourists visit these gardens and over 2,000 students and groups of students from schools and universities visit the zoological gardens for educational purposes.

The Dehiwala National Zoological garden, which has a remarkable collection of exotic and indigenous fauna, is one of the oldest such gardens in Asia.

Currently, it houses around 72 species of Mammals, 65 species of Birds, 31 species of Reptiles, 89 species of Fish, 03 families of Amphibians and 30 species of Butterflies etc. The total number of animals varies from around 2,500-3,000. The Dehiwala Zoo – as it is known – has become famous among visitors not only for its collection of local and exotic animals but also for its landscape with lush greeneries. The Zoo supports and promotes conservation by breeding certain rare and endangered species through proper animal welfare.

The zoo is trying to keep up pace with the modern and changing world and it has been involved in some major re-development programmes recently, with the aim of enhancing the overall image of the zoo while providing maximum facilities for animals and visitors.

In April 2015, the administration of the Dehiwala Zoological Gardens, under guidance of the newly appointed Director has in an attempt to modernize – demolished several access roads built especially for the disabled.

The actions of the newly appointed administration of the zoological garden are clearly a violation of the law of the country. Civil society organizations and citizens concerned are demanding the authorities to investigate into the situation and take all necessary measures to protect the rights of the disabled in Sri Lanka and provide them with proper and easy access to all such public places.

ADDITIONAL COMMENTS:

Sri Lanka’s Supreme Court order on more disability access to public buildings

The Supreme Court, of Sri Lanka in a fundamental rights application filed by a rights activist for the disabled, ordered further measures to be taken to provide easy access to public buildings for the disabled.

The Court recognized that in terms of the Protection of the Rights of Persons with Disabilities Act and regulations “…no persons should be discriminated on the ground of disability and their mobility restricted in a manner which precludes or impedes them from gaining reasonable physical access to public buildings and facilities provided within such buildings, especially toilet facilities…” Accordingly, the Court ordered that all new public buildings defined under the accessibility regulations No. 1 of October 17, 2006, should provide reasonable access in accordance with the design standards of regulations in force, to those who are physically challenged.

The Court further ordered that no building plan should be approved and no Certificate of Conformity for buildings issued by any local authority unless conforming to this court order. “Failure to comply would draw penal repercussions under the laws set out”. While making such order the court considered the large number of disabled persons including armed forces members injured in the war who are inconvenienced by the continual failure to provide easy access in public places.

It is estimated 16 per cent (three million) of the population are disabled with restricted mobility and require easy access to public buildings in day-to-day life. A Ministry of Social Welfare survey undertaken in 2003 indicates 16 % of disabled people are in employment. The incidence of poverty amongst households in receipts of disability payments is 52% above the national average.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case of demolishing the access roads which was built for disabled persons and request for an immediate investigation into the matter and to take the necessary administrative and legal actions against those proven to be responsible under the laws of the country. 

To support this case, please click here: SEND APPEAL LETTER