KAMALIKA PIERIS

Those supporting USA defended the Agreements. The Colombo-Trincomalee railway link   which the public associate with the MCC, would not be dividing the country, it would be linking it more strongly, they said.

 In Japan, there is a high-speed railway line between Tokyo and Nigata. The bullet train takes less than two hours to complete the journey and no one has access to the bullet train track. This train track has not divided the country or the people, but actually connected them with a fast and safe mode of transport.

 A high-speed railway link between Colombo and Trincomalee would   also connect the two places. It will accelerate income growth and job creation, bringing about economic benefits to people, as well.

Critics flatly rejected this.  Firstly, the Trincomalee –Colombo transport corridor is viewed with suspicion because it is suggested by the USA.  The Compact is designed to meet specific national interests of the USA. This is going to be Sri Lanka’s first electric rail link. It will be useful to USA, but no one else they said. It has a clear military importance to USA. USA brought in military items by plane to Katunayake and then transported them by road to their ships in the Trincomalee sea.  A high speed train will be better.

Harim Pieris pointed out that the MCC grant is non-repayable. A half a billion dollar grant is no joke.  A significant part of the MCC grant was for improving inter-provincial roads, improving access to markets, reducing transportation related losses on agriculture and lowering transport time and hence costs for industry.

The MCC grant would also   help the government to compile a complete inventory of all state lands and to improve the evaluation system of all lands. Also, to build on the government’s e-Land Registry and to improve the Deeds Registry by digitizing existing records. In addition, MCC   would improve tenure security for all land holders by moving properties from the archaic deeds system to a title registration system. These are all international best practice in   land administration of land. The reality is we have looked a gift horse in the mouth. MCC is a gift not a loan, concluded Harim.

Ranil Wickremesinghe   said in Parliament that SOFA was not an agreement but an exchange of letters signed between the US Embassy and our Foreign Ministry. These agreements generally establish the framework under which US military personnel operate in a foreign country. SOFA provides for rights and privileges of covered individuals while in foreign jurisdictions and how the laws of foreign jurisdictions apply to US personnel.

This has been going on from 1995, he said. Such letters were exchanged in May, 1995 during the Presidency of Chandrika Kumaratunga. One of the letters is as follows: The (Foreign) Ministry is pleased to inform the above-mentioned personnel that US military personnel, civil employees of the Department of Defence will be accorded the same status as provided to technical and administrative staff of the Embassy of the United States. The Ministry also wishes to inform that this reply shall be considered an agreement effective May 16, 1995. This shows that diplomatic privileges are already accorded to US military personnel and civil employees of the Department of Defence, he concluded.

Since there was so much opposition to SOFA, the USA changed SOFA’s name to ‘Visiting Forces Agreement.’ Lasanda Kurukulasuriya pointed out that Philippines President Duterte threatened to abrogate the VFA the Philippines had with the US, but found that the treaty can only be repealed by an Act of the US Congress. From the little that is known about the SOFA, its terms will reduce the host state to the level of a neo-colony, she observed.

A draft copy of the Status of Forces Agreement (SOFA), under negotiation between the US and Sri Lanka, was obtained by the Sunday Times. Although the full details of the proposed SOFA pact still remain largely confidential what is now known should surely ring alarm bells among those in this country concerned about its sovereignty and security, said Sunday Times.

The agreement said The US is seeking that aircraft and vessels of the US Government to be free from boarding and inspection.” This means none of the state security arms, like the Navy, Coast Guard or the Customs can board any US military vessel or aircraft when it is in a Sri Lankan airport or sea port – or even vehicles on land and helicopters, an internationally accepted sovereign right of a country. The US wants exemption from licence, Customs duties, taxes and any other charges within Sri Lanka.

The US is also seeking authorization for its troops to wear uniforms whilst ‘on duty’ in any part of Sri Lanka, carrying arms and radio communications equipment. Both in terms of the Sri Lanka Constitution and normal laws, only the armed forces and the Police are empowered to carry out this task. The only exceptions are Sri Lankans who are authorized by licence.

 In addition, Washington wants US troops and contractors to be allowed to enter and leave Sri Lanka, individually or collectively, with the use of only their US identification. This will mean they will carry no passports or visas.”

Among the privileges that the US has asked for, is the right of US military personnel to carry weapons and be subject not to Sri Lankan jurisdiction but to US law in the event of some crime or criminal activity. They will be beyond Sri Lanka’s jurisdiction even if one of them kills or wounds a local person with his weapon.

Those stationed in Sri Lanka will be using their US driving licences which need not be produced before any local authority. Nor would their passports or other travel documents be inspected.

Their vehicles on Sri Lankan roads cannot be inspected or boarded. They could kill anybody and get away with it as they would just wave their diplomatic papers. There is also a clause that exempts US vessels and aircraft being boarded and inspected by Sri Lankan authorities. It also exempts equipment and other articles and material being used under this agreement, from inspection within Sri Lanka.

The proposed SOFAwould allow US military personnel to operate in any part of Sri Lanka, without restriction. Sri Lankans fear that SOFA would make the whole island a US-controlled super state operating above the Sri Lankan laws and state said Asoka Bandarage.”  (Continued.)