(A Paper Published by the Sri Lanka Geo-Political Study Circle)

You can delegate authority, but you cannot delegate responsibility”.   Byron Dorgan.

Given hereunder is just one of the many instances, in the draft MCC Agreement, which poses a major threat to the Sovereign State of Sri Lanka.

In Annex 1,  found on page 34 of the draft MCC Agreement, the Sovereign rights of the people, over Land Policy,  over all monies ‘gifted’ by the MCC and, over Management of Sri Lanka’s Land coming under the scope  of the MCC project, would be handed over to a Private Company called MCA (Millennium Challenge Account); this surrender of our sovereignty to the Americans had been pledged by the ousted Sirisena-Wickramasinghe Regime.

It was based on this secret pledge that the MCC drew up the draft MCC Agreement, after months of crafting same on the drawing boards.

The MCA is described in the draft MCC Agreement as an ‘Independent and Autonomous body’.

Reproduced here below is the pertinent section in Annex 1 (page 34). Quote:

 The Government shall appoint an accountable entity, MCA -Sri Lanka, as a company limited by guarantee that shall be created under the Companies Act No. 7 of 2007.”

MCA – Sri Lanka shall be the Government’s primary agent responsible for exercising the Government’s rights and obligations to oversee, manage and implement the Program and Projects.” 

MCA-Sri Lanka shall have operational and legal independence and full decision making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of any other party to (1) enter into contracts in its own name, (11) sue and be sued, (111) establish an account with a financial institution in its own name and hold MCC funding, in that account, (1v) expend MCC funding, (v) engage contractors, consultants and/ or grantees, including without limitation, procurement and fiscal agents and (vi) competitively engage one or more auditors to conduct audits of its accounts.”

The governance of MCA- Sri Lanka shall be set forth in more detail in the Program Implementation Agreement and the constitutive documents and internal regulations of MCA Sri Lanka (or as otherwise agreed in writing by the Parties).”

Unquote

Readers, see for yourself the disgraceful level to which the Sirisena- Wickramasinghe duo have dragged this country to. Without batting an eyelid, they have secretly pledged, to surrender this country’s autonomy to the Americans.

The Sirisena-Wickramasinghe Government had pledged to the Americans that it would appoint the Company, MCA (Millennium Challenge Account), to be in charge of the entire MCC operation in Sri Lanka.

It is oxymoronic that the Primary Agent of the Government of Sri Lanka is, as per the draft MCC Agreement, an ‘Independent and Autonomous body’.

This Company, as the Primary agent of the Government would be performing the functions of the Government of Sri Lanka; in short, the GOSL would be replaced by the MCA for all matters pertaining to the MCC project, particularly Land and Transport.

The special focus of MCC interest is the TCO-CBO Corridor; at one end of the Corridor is the Trincomalee Port and at the other end is the Colombo Port. The Sirisena-Wickramasinghe duo had pledged to cede control of our two major strategic Ports, to the Americans.

It is interesting to note that Gotabaya has appointed Daya Ratnayake to be in charge of Sri Lanka’s Ports. Ratnayake is a Director of ‘Pathfinders’, an ultra-Conservative American Organisation, set up by Gambol, that receives direct funds from the American Government.

The proposed MCC electrified railway line between the Port of Trincomalee and the Port of Colombo is planned to be done by Japan, the cornerstone  of the US Military alliance in the Indo Pacific; Japan, being also involved in the establishment of the Mono-rail system in CBO will be firmly entrenched in the Ports at TCO and CBO.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 If the draft MCC Agreement is allowed to be  inked, the MCA, would be assigned to represent the Government and would be granted operational and legal independence with full decision-making autonomy.

The Sirisena-Wickramasinghe duo had pledged to the Americans that the MCA would not require to consult or obtain the consent or approval of the GOSL or the people; they had pledged that the MCA would be empowered to bind the Country and the people to their decisions.

And what of the much hyped 480 Million USD? When tranches of money, from the pledged whole, are doled out by the MCC, the monies are put into the bank account of the MCA and NOT, to the coffers of the Government of Sri Lanka!!

The Sirisena-Wickramasinghe duo had also pledged to the Americans that the MCA could spend the money received as they deem fit, without consulting or seeking approval of the Government; furthermore, that  Sri Lanka Government would honour all  the contracts the MCA enters into and allow herself to  be sued for the actions of her Primary Agent.

Could the Auditor General, audit the MCA Accounts? No, the accounts would be audited by Companies selected by the MCA and the rules of audit would be American rules.

The Program Implementation Agreement (PIA), the constitutive documents and the internal regulations of MCA which would define in detail how the MCA should be governed are not included in the draft MCC Agreement circulated by the MCC.

In short, for discussion’s sake, if Sri Lanka had the misfortune to sign the draft MCC ‘Agreement’ she would be accepting terms and conditions unknown to her on how the MCA should be run. It would be akin to signing a document in blank.

Perhaps these documents have been deliberately omitted because whatever that is agreed upon can be readily changed, as per the draft MCC Agreement, if the parties, amongst themselves, make changes and record these changes in writing.

It is pertinent that the Sirisena-Wickramasinghe duo have pledged the above to the Americans, when Article 148 of the Constitution which they are required to uphold says, loud and clear, Parliament shall have full control over public finance.”

There is also violation of Article 154 of the Constitution, relating to the functions of the Auditor General

This is only just one instance, in the draft MCC Agreement, where a pledge has been made that Sri Lanka is willing to surrender her sovereignty; this Study Circle will identify and expose the other areas of treachery in the coming weeks running up to the General Election. The Study Circle will analyse the ramifications of each of these instances of treachery,

The draft MCC Agreement, if signed and implemented, would derail the Constitution, subvert Democracy, physically divide the Country and surrender Sri Lanka and her people to a Foreign Power.

 / to be continued