Bulankulama vs. Secretary, Ministry of Industrial Development, 2000 3 Sri LR 243 (Sri Lanka)

The petition was filed against a proposed mineral investment agreement for the exploration and mining of phosphate. Negotiations were being undertaken between the government and a certain Freeport MacMoran Resource Partners. Experts opined, however, that the proposal is highly disadvantageous to the country and with highly adverse environmental impacts. Petitioners allege that the proposed agreement infringes on their fundamental rights (i.e., equal protection, freedom of occupation and freedom of movement). 

The court, citing principles of sustainable development, public trust and intergenerational equity, declared that an imminent infringement of the fundamental rights of the petitioners has been established. The proposed agreement is so favorable to MacMoran that once it is signed, any party who is adversely affected can only resort to arbitration. Moreover, petitioners who reside, own or cultivate land in the area, are in danger of losing their livelihoods and restrained from free movement if the project is implemented. 

The Constitution recognizes duties both on the part of Parliament and the President and the Cabinet of Ministers as well as duties on the part of "persons," including juristic persons. It provides that "The State shall protect, preserve and improve the environment for the benefit of the community." Furthermore, the exercise and enjoyment of rights and freedoms "is inseparable form the performance of duties and obligations, and accordingly it is the duty of every person in Sri Lanka to protect nature and conserve its riches."