Kekatiya case - Case study report

EN 3908 - Case study
Report
On
Kekatiya case – bio piracy of Sri Lanka’s biodiversity
Submitted To:
Department of Zoology and Environmental science
Faculty of Science
Submitted By:
C. N. Wijerathna(12302s)
W. M. K. Kalhara (12329s)
University of Colombo
Sri Lanka
08.01.2018

EN 3908 - Case study Kekatiya case – biopiracy of Sri Lanka’s biodiversity
ii
Acknowledgement
We express our deep sense of gratitude to our respected and learned guides, Prof. D.N. De Silva and
Dr. Nirmalie Pallewatta for providing their invaluable guidance, comments and suggestions
throughout the course of the case study.
We are also grateful to respected Dr. Samantha Gunasekara, retired Deputy Director of Customs,
Biodiversity, cultural and national heritage protection division for providing his valuable guidance
and opportunity to visit the Sri Lanka Customs to collect information. And we are also grateful to all
the custom officers who helped us to gather information on our case study.
We are also thankful to all the faculty and staff members of our department for their cooperation and
help.
Lastly, we would like to express our deep apperception towards our colleagues and our indebtedness
to our parents for providing us the moral support and encouragement.

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Table of Content
Acknowledgment…………………………………………………………………………………..…...ii
Table of content………………………………………………………………………………………..iii
Table of figures ……………………………………………………………………………………..…iv
Abbreviation …………………………………………………………………………………………...v
Abstract ……………………………………………………………………………………………..…vi
1.0 Introduction…………………………………………………………………………………….…1
2.0 Literature review…………………………………………………………………………………2
2.1: Bio piracy ………………………………………………………………………………..2
2.2: Impacts of Bio piracy…………………………………………………………………….2
2.3: International legal regime pertaining to Bio-diversity and Bio piracy …………………..3
2.4: National Legal Regime pertaining to Bio-diversity and Bio piracy……………………...3
2.5: The Biodiversity, Cultural and National Heritage Protection (BCNP) Branch of Sri Lanka
Customs ...…………………………………………………………………….........................4
2.6: Background of the Kekatiya species in Sri Lanka……………………………………….5
3.0 Methodology …………………………………………………………………………………...…7
4.0 Case study……………………………………………………………………………................…8
4.1: The Kekatiya case………………………………………………………………………...8
4.2: Stake holders of the case……………………………………………………………….....9
4.3: Findings of the case study………………………………………………………………...9
5.0 Discussion …………………………………………………………………………………….…..11
6.0 Conclusion ………………………………………………………………………………….……14
References……………………………………………………………………………………..…..15

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List of Figures
Figure Title Page
1 Aponogeton crispus Plant 6
2 Aponogeton ulvaceus plant 6
3 Aponogeton crispus bulb 6
4 Aponogeton ulvaceus bulbs 6
5 The arrested consignment of Kekatiya bulb 10
6 Mr.Samantha Gunasekara, former Head, Biodiversity
Protection Unit
10

v
Abbreviations
Short form Term
BIA Bandaranayke International Airport
BPU Biodiversity Protection Unit
BCNP Biodiversity, Cultural and National Heritage Protection
CITES Convention on International Trade in Endangered Species of Wild
Fauna and Flora
CBD Conventional Biological Diversity
FFPO Flora and Fauna Protection Ordinance
NGOs Non-Governmental Organizations
USA United State of America

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Abstract
Bio Piracy means the gaining of exclusive monopoly rights, over the biological material of one
country by individuals, institutions or companies of other countries that ultimately leads to the denial
of the rights, of the country of origin. This has become the most fast spreading mafia in the world
today. On this basis this case study, which is based on Kekatiya bio piracy in Sri Lanka, attempted to
critically analyze the incident behind the Kekatiya - bio piracy in Sri Lanka.
Basically, methodology was carried out through interviews and discussions with the customs officer
of the Biodiversity, Cultural and National Heritage Protection (BCNP) Branch of Sri Lanka Customs
during the field study of the BCNP Branch of Sri Lanka Customs.
The overall case can be briefly reported that, an attempt to smuggle a consignment of an unauthorized
water plant, namely Aponogeton Crispus, a variety of Kekatiya, was thwarted by Head of the
Biodiversity protection Unit, Sri Lanka Customs and steps were taken to inform the officers on duty at
Air Cargo Export Terminal at BIA - Katunayaka. The shipment in question was 1500 kg, declared as
Aponogeton ulvaceus, brought for exportation by the exporter. After detection of samples that were
sent to the National Botanical Gardens were identified as Aponogeton Crispus. Finally it was proved
that exporter was violated the relevant regulations.
Lack of awareness among rural villagers (suppliers) about the importance of biodiversity is a basic
problem in this case. Political interference to safe guard smugglers is another huge problem.
After studying that it was recommended that, the government should involve for collaborate all those
parties for a sustainable trade of aquatic plants in Sri Lanka with strict enforcement of law and
regulations, and awareness should be created among all stake holders of ornamental aquatic plants
industry including officers at frontiers, exporters, farmers, students, conservationists and all related
agencies.

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Chapter 01
Introduction
Sri Lanka is an island, situated close to the Southeast corner of the peninsula of India. Despite its
small size, Sri Lanka has rich bio diversity because of its topographic and climatic heterogeneity as
well as its coastal influence. A noteworthy feature of Sri Lanka's biodiversity is the remarkable high
proportion of endemic species among its flora and fauna. Sri Lanka has a wide range of topographic
and climatic variation and this contributes to the special features of its biodiversity. According to the
United Nations CBD Sri Lanka is home to a remarkable array of species and it is considered to be the
richest per unit area in the Asian region with regard to mammals, reptiles, amphibians, fish and
flowering plants. Further, In terms of species, genes and ecosystems, Sri Lanka is one of the hot spots
in the world.
Bio diversity of Sri Lanka has a huge potential to be transformed as a source of funding. Number of
Multi-National Companies realize that genes of living organisms are the basic 'raw materials' of the
new biotechnologies. The 'Gene Rush' has thus become a new version of the old 'Gold Rush', in the
rush for future profits. This quest for genetic resources among bio pirates has created an eminent
danger to Sri Lankan bio diversity. Recent developments relating to bio piracy have been entered on a
high alarming scale. In this post war era, Sri Lanka is looking towards the sustainable development. In
that process protection of environment is a major component in which conservation of bio diversity
plays a major role.
Bio Piracy means the gaining of exclusive monopoly rights, over the biological material of one
country by individuals, institutions or companies of other countries that ultimately leads to the denial
of the rights, of the country of origin. This has become the most fast spreading mafia in the world
today. Though Sri Lanka has been identified as a biodiversity hotspot in the world currently, its
biodiversity is under threat due to bio piracy. At present there is a lack of sufficient laws against bio
piracy and this inadequate protection for genetic resources of the country has encouraged bio piracy in
Sri Lanka. As a result, developed countries have obtained a number of Patents for products derived
from plants such as Neem, Binara, Kothala-Himbutu, Aloevera, Katuru Pile (Tephrosia spp.),
Karawila (Momrodica charantia), WalRukattana (Cryptolepis buchananii), Snake Gourd
(Trichosanthes kirilowi), Bitter melon (Marmodica charantia), Kekatiya(Aponogeton sp.) grown in
natural habitats of Sri Lanka. On this basis this case study, which is based on Kekatiya biopiracy in
Sri Lanka, attempts to critically analyze the incident behind the Kekatiya bio piracy in Sri Lanka.
Further it makes recommendations to protect bio diversity against bio piracy in Sri Lanka.

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Chapter 02
Literature review
2.1: Bio piracy
The term of the Bio Piracy means the gaining of exclusive monopoly rights, over the biological
material of one country by individuals, institutions or companies of other countries that ultimately
leads to the denial of the rights, of the country of origin. The term also can also be used to suggest a
breach of a contractual agreement on the access and use of traditional knowledge to the detriment of
the provider and bio prospecting without the consent of the local communities. Introduction of new
plant varieties, introduction of new living organisms, and production of pharmaceuticals and
privatization of traditional knowledge are some of purposes of the bio piracy. There are many
negative effects of bio piracy on bio diversity such as extinction of endemic living organisms,
depletion of bio diversity, and privatization of bio treasures of the country due to the over exploitation
of biological resources. As such, bio piracy does irreparable damage to bio diversity which ultimately
leads to destruction of the entire environment.
2.2: Impacts of Bio piracy
Bio piracy describes the unauthorized and uncompensated procurement and use of biological
resources. There are many negative effects of bio piracy on bio diversity such as extinction of
endemic living organisms, depletion of bio diversity, and privatization of bio treasures of the country
due to the over exploitation of biological resources. Further, this practice affects the economy of the
country as well. Bio piracy is an extremely lucrative business. Due to the profitable nature of this
process most racketeers tend to exploit bio resources of developing countries and obtain Patent for
those. The emergence of monopoly over seeds and medicines through patents is becoming a major
threat to farmers, livelihoods and public health. Not only the economical disadvantages but cultural
and social aspects of human life have been threatened by bio piracy. Furthermore, it affects the
cultural identity and the traditional knowledge of the indigenous people in the country. Privatization
of traditional knowledge through Patenting has created severe consequences on living patterns of
people. As such, bio piracy does irreparable damage to bio diversity which ultimately leads to
destruction of the entire environment. And bio pirates leave nothing for those who preserve and
protect biological resources and their indigenous knowledge.

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2.3: International legal regime pertaining to Bio-diversity and Bio piracy
Convention on Biological Diversity (1994)
CBD, sovereign has national rights over biological resources. Conservation of biological diversity, the
sustainable use of its components and the fair and equitable sharing of the benefits arising out of the
utilization of genetic resources are the main objectives of the CBD convention. CBD requires each
state party to respect, preserve and maintain knowledge, innovations and practices of indigenous and
local communities embodying traditional lifestyles relevant for the conservation and sustainable use
of biological diversity. CBD commits member countries to conserve and develop biological resources
for sustainability. Sustainable use of biological resources means finding new drugs, crops and
industrial products, while conserving the resources for future generation.
CITES (1972)
The Convention on International Trade in Endangered Species of Wild Fauna and Flora is an
international agreement between governments. Its aim is to ensure that international trade in
specimens of wild animals and plants does not threaten their survival.
2.4: National Legal Regime pertaining to Bio-diversity and Bio piracy
Under Article 27 of the Constitution of Sri Lanka provides that the state shall protect, preserve and
improve the environment for the benefit of the community. Further, it states that it is the duty of every
person in Sri Lanka to protect nature and conserve its riches. Hence it can be argued that, any action
committed against the protection of nature would amount to a violation of fundamental law of Sri
Lanka.
In addition there is a series of Statutes relating to the protection of environment in Sri Lanka.
National Environment Act
NEA is the major Statute relating to environmental protection and management in Sri Lanka. It
establishes the Central Environmental Authority. This institution has the authority to undertake
surveys and investigations for protection of environment.
Fauna and Flora Protection Ordinance
The purpose of the Ordinance is protection of fauna and flora in national reserves and sanctuaries, but
in certain cases it extends to private lands as well. The Ordinance prohibits disturbing fauna and flora
inside the strict natural reserves, national parks. Further, it imposes prohibitions on hunting,
wounding, harming any animal or collecting, removing, destroying any kind of plant inside national
reserves. Under this ordinance no person shall be entitled to enter in to a National Park except for the

4
purpose of observing the fauna and flora. Under this no person shall destroy, remove or uproot any
plant growing in public places.
Forest Ordinance
Purposes of the FO are conservation, protection and management of forest and forest resources for the
control of felling and transporting timber. It imposes prohibitions on conducting any form of scientific
experiment, observation of any forest resources without a special permit in any conservation forest.
Further, the willful stripping off the bark or damaging or interfering with, any trees or selling, offering
to sell or exposing any bird, beast or reptile are prohibited. Under the forest (amendment) act no 23 of
1995 it regulate the export and import of timber and seeds of forests, tree species and other forest
produce and provide for the issue of permits for them.
Custom Ordinance
Custom Ordinance is another important statute relating to protection against bio piracy in Sri Lanka.
The Ordinance provides that the goods enumerated in the table of prohibition and restrictions in
schedule B shall not be import or brought into or export or taken out of Sri Lanka.
2.5: The Biodiversity, Cultural and National Heritage Protection (BCNP) Branch of Sri
Lanka customs
Sri Lanka Customs is bound to enforce various statutes relating to biodiversity, culture and national
heritage at the point of importation and exportation, both locally and internationally. In the meantime,
introduction of modern technology and sophisticated techniques in smuggling activities have posed
serious challenges to Sri Lanka customs in monitoring and containing the illegal disposal of bio
diversity related items. Therefore, Biodiversity Protection Unit has been established in Sri Lanka
Customs, in 1993 and this is the world’s first Customs Biodiversity Protection Unit. Biodiversity
Protection Unit was reformed and renamed as Biodiversity, Cultural and National Heritage Protection
(BCNP) branch during the process of customs reformation, in 2010. Hence the scope of the bio
diversity protection unit was enhanced in order to accommodate Cultural and national heritage
protection also.
Enforcing National and International laws relating to the movement of biodiversity related products,
checking on description, classification and valuation of all biodiversity related imports and exports,
checking on licensing requirements governing the import and export of fauna and flora and related
products and any other irregularities affecting the functioning of Customs operations and Promoting
the development programs of the country through sustainable imports and exports of fauna and flora
in a manner which not harm biological heritage of the country are major functions of BCNP branch.
(Source: www.customs.lk)

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2.6: Background of the Kekatiya species in Sri Lanka
Sri Lanka being a tropical country contributes for a highly diversified flora and fauna. These climatic
conditions have become a critical factor for the occurrence of highly diversified aquatic flora as well.
Aponogeton is genus of aquatic plants which belongs to the family Aponogetonaceae. The family
consists of 56 known species. There are six Aponogeton species that occur naturally in Sri Lanka up
to now:
1. Aponogeton jacobsenii
2. Aponogeton rigidifolius
3. Aponogeton natans
4. Aponogeton crispus
5. Aponogeton kannangarae
6. Aponogeton dassanayakei
Among these species Aponogeton jacobsenii, A. dassanayakei, A. kannangarae and A. rigidifolius are
endemic to Sri Lanka while A. natans and A. crispus are native plants. Among above species except
A. crispus are IUCN Red listed due to A. jacobsenii and A.rigidifolius are critically endangered and A.
natans is endangered. Aponogeton ulvaceus is one of the most beautiful bulb species in the
Aponogeton-family and originates from Madagascar. (Source: Amarawansha, T.W.G.J.C., B.V.A.S.
M. Bambaranda, B.V.A.S. M., and Jayamanne, S.C., 29.30.2015, Development of micropropagation
protocols for two Aponogeton species of Sri Lanka (Aponogeton crispus and Aponogeton natans)
(Hettiarachchi, K. 2016)
Kekatiya species in Sri Lanka usually occurs in seasonal ponds, becoming dormant in the dry season.
It is also found in still and running waters. They are submerged aquatic plants with a round rhizome,
long (15-50 cm) and narrow (1-3 cm) leaves, green, the tips can be brownish on newly emerging ones.
They are having a high demand as an aquarium decorative plant in the export market. The tubers of
several species are eaten by humans and their livestock. They use as treatment for Burning sensation
of the body, Wounds, Heart disease, Excessive thirst and Nausea/vomiting etc in aurvedic medicine.
So it has a high demand in export market as a medicinal plant for novel drug discovery. So people
tend to export them illegally.

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Figure 3.0 - Aponogeton crispus bulb
Source: http://pacificbulbsociety.org
Figure 4.0 - Aponogeton ulvaceus bulbs
Source: http://pacificbulbsociety.org
Figure 1.0 - Aponogeton crispus Plant
Source: https://www.amazon.com
Figure 2.0 - Aponogeton ulvaceus plant
Source: https://www.azgardens.com

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Chapter 03
Methodology
The methodology was carried out through primary and secondary study information. Primary
information was gathered through interviews and discussions with the customs officer of the
Biodiversity, Cultural and National Heritage Protection (BCNP) Branch of Sri Lanka Customs during
the field study of the BCNP Branch of Sri Lanka Customs. Secondary information was gathered
through newspapers articles, magazines, Gazette notifications, books and online information to fulfill
the previously mentioned objectives of the study.
Description of the Field study
The BCNP Branch of Sri Lanka customs was visited on 22nd
of December 2017 to study the legal
documents required the case study. Then “BPU/Case 2002/9 & 10” court case file which reported
about the first Kekatiya case in Sri Lanka, was deeply studied and discussed with the help of Customs
officers.
Finally, Kekatiya case was analyzed using collected primary and secondary information.

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Chapter 04
Case study
4.1: The Kekatiya case
Date - 18.07.2002
Place - Bandaranaike International Airport, Katunayaka.
Nature of the case -
Customs Court case - BPU / CASE 2002 / 9 & 10
According to the case, 1500kg of Kekatiya bulbs were tried to export without a permit. The exporter
was the managing director of the “Samudra Aquarist fish gate private limited” in dehiwala. The
exporter had another two previous track records of illegal exportation. The packing list of the
exporting material was mentioned that boxes are contained with bulbs of Kekatiya specie called A.
ulvacea. The custom officers were aware about that illegal shipment from the informations obtained
from inland. So they have stopped the shipment via CX-700 flight and started an investigation to
check whether the bulbs are from A.ulvacea or from other Kekatiya specie in Sri Lanka, not from A.
ulvacea specie. Then few samples of the bulbs were sent to the herbarium of the Peradeniya botanical
garden to the clarification of the specie. Then a court case was opened and continued the further
investigations. During that time the exporter was tried to release his shipment by appeal in appeal
court. Before getting the results from Peradeniya herbarium the exporter could obtain permission from
the appeal court to release his shipment. So he exports his shipment by adding more 500kg of bulbs.
Finally he could export 2000kg of Kekatiya bulbs without any restriction. The Peradeniya herbarium
was certified that the bulbs are from A. cripsus and not from A. ulvacea. A.ulvacea is Kekatiya species
which can export without a permit, but A.cripsus cannot export under the some conditions of the
FFPO. According to that, the exporter had attempted to illegally export a consignment of native forest
product using false declarations and misleading terms. Then further investigations were done against
the exporter. But it was what took place afterward that is considered as an abomination towards the
integrity of Customs officials who risked their lives for the preservation of national treasures. The
exporter finally did turn up, not only attempted to assault Mr. Samantha Gunasekara, but took
photographs of him. The exporter’s escapade was successful not only in stalling the Customs inquiry
Attempts were made to illegally export (smuggle) a
consignment of native forest product using false
declarations and misleading terms.

9
but also in commencing an investigation on the inquiring officer. Mr. Samantha Gunasekara was
forced to seek police support. All court cases filed by the suspect against the Customs were rejected as
bogus complaints had been made to the Human Rights and Bribery Commissions. The Customs
inquiry concluded by imposing Rs. 7,03,303.00 and Rs. 7,99,755.00 as penalties.
4.2: Stake holders of the case
 Governmental sector - Central Environmental Authority, Sri Lanka Customs, Department
of Forests, Department of Wildlife Conservations, Sri Lanka Police and Local Authorities, etc.
 Private sector - Export company (Samudra Aquarist Fish Gate private limited) Sri
Lanka Aquatic Plant export association and foreign buyer (foreign companies / individuals) etc.
 NGOs - CBD and CITES etc.,
 Media - Television, Radio and newspapers
 People - Suppliers, general people
4.3: Findings of the case study
 A.ulvacea does not naturally occur in Sri Lanka.
 Smuggled Aponogeton sp. were collected from several tanks in Puttalum and Kurunegala
districts without proper management or scientific background. In addition to that, Kekatiya in
Madampe wewa, Weras ganga and Boralasgamuwa have almost been wiped out by the collectors
for exportation.
 The 1500Kg would have contained around one million of Kekatiya bulb that would had been
collected from an area of 50-100 acres.
 Lack of awareness among illiterate rural villagers about the importance of the Aponogeton sp. to
aquatic ecosystems and they easily contribute to exploit these natural resources for money, are
some of basic problems in this case.
 Poor suppliers who removed around 20,000, plants when the exporter demanded 10,000 plants.
 A. crispus has a medicinal value as well as its ornamental value. Therefore the real purpose of
the illegal exporting of A. crispus is a big problem.
 According to the provisions of Gazette Extraordinary under FFPO (No:1161/1) of 05th
of
December 2000, it could not export any forest product of Sri Lanka without an approval of the
Conservator of Forest.
 According to the Circular of Ministry of Natural Resources and Environment that published on
09th
of August of 2001, A.ulvacea allowed exporting without an approval of the Conservator of
Forest.

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 Exportation of cultured aquatic plant had been allowed by the Ministry Circular No.03/ 2001
issued by the Secretary to the Ministry of Natural Resources and Environment, with the request
of the both National Chamber of Exporters of Sri Lanka.
 Exporter of this case had owned the “Samudra Aqfurist Fish Gate” Pvt in Dehiwala.
 Same exporter had another previous track record of illegal exportation of live corals under
Customs Court case AC/94/27(08.07.1994).
 Exporter attempted to export the above weight of Kekatiya from the address of Samudra Aqfurist
Fish Gate Pvt., No: 11, Inisiam Road, Dehiwala to the address of Aquacolnc, 1646, W 130th
STCA 90249, U.S.A.
 Kekatiya is mainly exported to USA and Singapore and in Singapore, the bulb are grown to
some extent and then sold to USA for US$ 4 each.
 Approximate weight of a Kekatiya bulb is 10 gram.
 According to the exporter’s statement, unit price of a Kekatiya bulb is Rs. 6.00 and total value is
around 0.8 million rupees.
 According to the European ornamental plant market prices, the unit price of a Kekatiya bulb is
US$ 1, and then total value is around 4.57 million rupees.
 There is a considerable morphological difference between bulbs of A. crispus and A.ulvacea and
it can distinguish the two species based on this difference.
 Then, the exporter might be had deals or connections with political authority and top
governmental officers to this continue this trafficking.
.
Figure 5 – The arrested consignment of
Kekatiya bulbs
Source – www.sundayobserver.lk, 23.08.2009
Figure 6 – Mr.Samantha Gunasekara, former
Head, Biodiversity Protection Unit
Source – www.sundayobserver.lk, 23.08.2009

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Chapter 05
Discussion
Kekatiya (Aponogeton sp.) is a common aquatic plant in Sri Lankan marshes and tanks for time
immemorial. Thanks to the exporters, it has now come to limelight because of the exchange value that
it carries now in the market. There were four Aponogeton species occur in Sri Lanka in that time.
(Dassanayake and Fosberg, 1987) But nowadays, there is two newly discovered species in Sri Lanka.
Generally, A. ulvaceus not occur in the natural environment of Sri Lanka. This is native to the
Madagascar. Therefore, if anyone tries to export this Kekatiya species, then A. ulvaceus should be
imported and after that cultivated by them to make a mass production for exportation. In this case, it
was proved that exporting company had not cultivated A. ulvaceus by themselves for exportation due
to lack of enough lands for mass production. Then it shows exporters collect native kekatiya species
in an enormous scale and export them by labelling as A.ulvaceus.
This scenario would logically lead to continuous collection of Kekatiya species at an escalating rate,
until they are no more seen local marshes. Mr. Samantha Gunasekara who was former deputy Director
of Customs, explained that harvesting of the species is damaging due to the destructive methods used
by the harvesters. Usually done in large scale the water level of the reservoirs is brought down to
make harvesting easier. Moreover, he explained that these plants provide protection for and act as
breeding grounds for various rare fish species and harvesting would threaten their survival. So it
causes to reduce the biodiversity and lead several species to extinct. And these methods of harvesting
lead to destroy several no of aquatic ecosystems which have a huge role in environment. Aquatic
ecosystems perform many important environmental functions such as, recycle nutrients, purify water,
recharge ground water, and provide habitats for wildlife. Lack of awareness among illiterate poor
rural villagers about the above importance of the Kekatiya species to aquatic ecosystems a basic
problem in this case.
Loss of huge amount of foreign revenue is another problem of exporting such forest products. Exports
don’t get the actual value of the products that they have export. In this Kekatiya case, exporter send
2000kg of Kekatiya bulbs for only 0.8 million rupees. But the actual value of those Kekatiya bulbs in
America is 4.57 million rupees. Kekatiya is mainly exported to USA and Singapore. According to the
European ornamental plant market prices, the unit price of a Kekatiya bulb is 1US$. And in Singapore
the bulb are grown to some extent and then sold to USA for US$ 4 each. So there is an enormous
value than the value of export.

12
Other problem is developed countries have obtained a number of Patents for products derived from
plants that grown in natural habitats of Sri Lanka. For example America and other developed
countries have patents for derived products from Neem, Binara, KothalaHimbutu, Aloevera, karavila,
Bitter melon, and Kekatiya etc.
Most of poor suppliers easily involved with large scale harvesting of plants from several tanks in
Puttalum and Kurunegala districts due to the abundance of Kekatiya plants and lack of any
interference of relevant stakeholders such as forest department etc. Therefore, Kekatiya bulbs were
provided more than the demand of the exporter.
The tubers or bulbs of several Kekatiya species are eaten by humans and their livestock. Some are
grown as ornamental plants in aquariums or ponds. However, in addition to these commercial and
ornamental values, especially A. crispus use to treat Diabetes mellitus, Burning sensations,
Nausea/Vomiting, Wounds, Excessive thirst, and Heart diseases etc. due to its medicinal value.
(Rathnayake, K. 2014) Suppliers and exporters may be not known about these medicinal values. But
due to the high demand of Kekatiya in export market people tend to export it and earn more money
without knowing the actual value of the plant. So this scenario would logically lead to continuous
collection of Kekatiya species at an escalating rate, until they are no more seen local marshes. But in
the tissue culture laboratories in Singapore or elsewhere with a patent to claim for its improvement as
an medicinal plant other than aquatic ornamental plant. Therefore the real use of the illegal exported
A. crispus was anyone not known still.
Exportation of Kekatiya and other aquatic plant collected from wild (forest product) was banned
through the directive of 05.12.2000 (Gazette Extraordinary 1161/6) under FFPO. With this Gazette
Extraordinary any forest product cannot export without a permit of Conservator of Forest. Then they
listed the Sri Lankan Kekatiya species that want to get an approval for exportation. However, A.
ulvaceus was not included into that due to it was naturally not occurred in the country.
However, with the request of National Chamber of Exporters of Sri Lanka, exportation of cultured
aquatic plants had been allowed by Ministry Circular No. 03/2001 issued by the Secretary to the
Ministry of Natural Resources and Environment. Exporter had used above advantages when
attempting to export the consignment of Kekatiya. Therefore, packing list of the exporting material
was mentioned that boxes were contained with bulbs of Kekatiya specie called A. ulvacea. In this
case, it occurred that the Gazette Extraordinary 1161/6 under FFPO was violated by the exporter by
attempting to illegally export a forest product of this country. (A. crispus) He tried to misuse the
Ministry Circular No. 03/2001 issued by the Secretary to the Ministry of Natural Resources and
Environment as the Consignment of Kekatiya bulbs harvested from cultured Kekatiya plants. It was
proved that exporting company had not cultivated A. ulvaceus by themselves for exportation due to

13
lack of enough lands for mass production (1500 kg) like that. If they were cultured, exporter would
not had hesitated to obtain the approval of the Conservator of Forest.
Finally, in every case there is political interferences to safe guard the smugglers. In this case a
politician involved to release the arrested consignment of Kekatiya bulbs and helped to export it
without any restriction. In Sri Lanka politicians orders are higher than the law. So government officers
cannot do their duties properly.
With the results of that, illegal exportation had been increased and country loses its genetic resources.
The sustainability of the ornamental aquatic plants exporting industry is mainly depending on the
conservation of endemic and indigenous aquatic plants. The greatest thing is long run economical
gains obtained through the protection of ecosystems than any short term economic return earned from
smuggling, over exploitation like undesirable activities.
Recommendations
In order to minimize the bio piracy cases in Sri Lanka all the parties such as, State Governments, local
communities and people, NGOs, industry and other interested parties should involve. The government
should involve for collaborate all those parties for a sustainable trade of aquatic plants in Sri Lanka
and awareness should be created among all stake holders of ornamental aquatic plants industry
including officers at frontiers, exporters, farmers, students, conservationists and all related agencies.
Realizing the value of biodiversity through research and development and ensuring that country gets
the benefits as being the country of origin of biological resources is a another step that can take to
minimize the bio piracy.
Government should implement new lows, regulations and acts that regulate access to biological
resources and associated traditional knowledge to ensure equitable sharing of benefits arising out of
their use.
Using rhizome culture, seed culture and leaf and leaf stalk culture techniques (Biotechnology) it can
artificially propagate the Kekatiya species in large scale including A. crispus for a mass production
and then it can legally export them without any interference. (Sustainable trade of aquatic plants in Sri
Lanka) Therefore, adequate culture techniques or biotechnological techniques should be practiced by
the exporters to boost the industry with new technology and conservation of the endangered aquatic
plant species like Kekatiya. When violating the FFPO and customs ordinance by the exporters, their
exportation license should be suspended for a time period as a penalty. (Strict enforcement of laws)
Not only, there should be organized more awareness programs for local rural people about the
importance of biodiversity.

14
Chapter 06
Conclusion
Bio piracy if not stopped , will continue to erode the biological or genetic resources of the developing
countries like Sri Lanka as well as denying them fair and equitable benefits derived from their losses.
If not for the Biodiversity Protection Unit of Sri Lanka Customs, the exertion on Sri Lanka’s natural
resources would have been quite damaging indeed. Lack of awareness among rural villagers
(suppliers) about the importance of biodiversity is a basic problem in this case. Political interference
to safe guard smugglers is another huge problem. Adequate culture techniques should be practiced by
the exporters to boost the sustainability of the ornamental aquatic plants exporting industry with new
technology and conservation of the endangered species in Sri Lanka.

15
References
 Premathunga, S. (23.06.2017) Eco friendly Custom, Biodiversity Protection Unit goes beyond the
call of duty ; Online [Available]:
http://archives.sundayobserver.lk/2001/pix/PrintPage.asp?REF=/2009/08/23/spe01.asp
 Amarawansha, T.W.G.J.C., B.V.A.S. M. Bambaranda, B.V.A.S. M., and Jayamanne, S.C.,
29.30.2015, Development of micropropagation protocols for two Aponogeton species of Sri
Lanka (Aponogeton crispus and Aponogeton natans) (Hettiarachchi, K. 2016
 Biodiversity, Cultural and National Heritage Protection (BCNP) Branch of Sri Lanka customs,
www.customs.lk
 http://www.instituteofayurveda.org
 Newsapers - The Sunday Island, 11.06.2002, Diwayina, 23.05.2002, Lakbima, 25.05.2002

Kekatiya case - Case study report

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