KAMALIKA PIERIS
Those opposing American rule in Sri Lanka have now woken up to the need to internationalize the matter. In August 2019, a group of Opposition MPs handed over a letter to the High Commissioner of South Africa in Colombo, to be handed over to the Secretary-General, Indian Ocean Rim Association, Ambassador Dr. Nomvuyo N. Nokwe based in Mauritius. The letter was handed over to by Professor Tissa Vitarana, representing the signatories.
The following is the text of their letter:
We, the undersigned, have the honour to refer to the decision of
the Council of Ministers of the Indian Ocean Rim Association at its meeting in
Bengaluru in November 2011 to assign Maritime Safety and Security as its top
priority area of focus, acknowledging the importance of a safe and secure
Indian Ocean for socio economic development. We also wish to refer to IORA’s
recognition that ‘maritime security’ includes “elements of international
peace and security, sovereignty/territorial integrity/political independence,
security from crimes at sea, security of resources and environmental security.”
In this regard, we wish to invite your attention to a new
situation that has arisen in relation to Sri Lanka that is likely to pose a
grave threat to regional and international peace and security, given its
geostrategic location on the maritime route linking East and West.
The people of Sri Lanka, their Parliament and President, have only
recently learned of three military or military-related agreements between the
United States of America and Sri Lanka that have been secretly and hurriedly
elaborated, negotiated and signed or are on the verge of being signed.
Together, they form part of a larger project to transform Sri Lanka into a US
strategic military hub in the Indian Ocean, a project that is incompatible with
the Purposes and Principles of the Charter of the United Nations, and violates
the sovereignty, independence and territorial integrity of Sri Lanka.
We highlight below some of the provisions of relevance to the aims
and objectives of IORA. Since neither the Government of Sri Lanka nor the
Government of the United States have released the text of the agreements to the
public or to Parliament, the information provided is based on excerpts leaked
to the press:
1 Under Acquisitions and Cross-Servicing Agreement (ACSA),
formerly known as the NATO Mutual Support Act, signed on 4 August 2017,
Sri Lanka agrees to provide the United States with logistical and other support
for, inter alia, “unforeseen circumstances or exigencies.” In
other words, it allows utilization and exploitation by US forces of Sri Lanka’s
strategic harbours, airports and military installations for large-scale power
projection operations in and through the US Indo-Pacific Command (USINDOPACOM)
area of responsibility, which will transform Sri Lanka into a Launchpad for
attacks of aggression against third countries in our region, as defined in
General Assembly resolution 3314 (XX1X), and in violation of the Charter of the
United Nations and the 1970 Declaration on Principles of International Law.
2. Secret negotiations are ongoing on a new Status of Forces
Agreement (SOFA) which permits Department of Defence (DoD) military and
civilian personnel, as well as DoD contractors, to occupy the entire territory
of Sri Lanka, including, inter alia, for “other activities mutually
agreed,” in addition to its use for “ship visits, training exercises,
(and) humanitarian activities;” exempts DoD personnel from criminal
jurisdiction; grants them diplomatic privileges and immunities; authorizes
their entry into the country with only US identification; allows their free
movement to any part of Sri Lankan territory, wearing military uniform and
carrying weapons; allows also the free movement of their vessels and vehicles;
and exempts them from any inspection, restriction, taxes or duties of any
equipment, records or other material they import, export or use.
3. Millenium Challenge Compact (MCC) is a third secret
agreement signed on 25 April 2019 involving a land project and a transport
project that will create an “economic corridor” involving 8 districts
and which reportedly covers 1,2 million acres and divides the country into two
parts. An electric train will connect the strategic northeastern port of
Trincomalee to Colombo’s international airport and harbour in the west, thus
facilitating the movement of US troops and other DoD personnel between Sri
Lanka’s strategic ports and airport. Under the land project, the US has imposed
drastic reforms of land laws that will permit privatization of state lands and
purchase of unlimited extents by foreigners. Through this mechanism, state
lands, which under existing laws are granted to landless farmers for their use,
or used for public schools and hospitals, parks, or natural reserves, will be
transferred to foreign transnational corporations. The area covered by the MCC
project contains a wealth of natural resources and strategic assets, including
energy deposits, rare earth elements and other minerals, a rich biodiversity,
water resources, and UNESCO world heritage sites. Its implementation will lead
to a massive displacement of populations; the plunder of their wealth and
natural resources; stripping them of their livelihood and depriving them of
public utilities, schools, hospitals, places of worship, cemeteries, etc.; and,
causing irreparable harm to environment and loss of biodiversity.
All three agreements have been negotiated in secret and imposed
upon the people, without any public participation or parliamentary oversight,
with the President of the country himself being misled. Negotiations were/are
conducted under duress with regular threats of unilateral coercive trade and
economic measures, blatant Western interference in the internal affairs of the
country, and the selective targeting of Sri Lanka at the UN Human Rights
Council by the US and its Western allies, including through successive US-led
resolutions to provide legitimacy to its unilateral project. It is significant
that the pressure intensified following the tragic Easter Sunday massacres that
saw the arrival in the country of significant numbers of US and other Western
intelligence and military personnel.
Together, the three agreements contribute to the extension and strengthening
of NATO activities in the region and cannot be isolated from the overall
strategy of the United States in the region that it calls the Indo-Pacific. The
US President’s National Security Strategy 2017 and the 2018 National Defense
Strategy identified three sets of threats to America and its allies, all of
them of concern to the Indian Ocean region: China and Russia; Iran and the
Democratic People’s Republic of Korea; and “jihadist terror.”
The signing of such military agreements in the context of US
bellicosity against powers in our region, including China and Iran, but also
the conflict between India and Pakistan, and between India and China, poses a
grave threat to regional and international peace and security and must be of
concern to IORA and to its Working Group on Maritime Safety and Security.
In view of the foregoing, the undersigned appeal to IORA member
States, individually and collectively, as a matter of priority, to take
the following urgent measures in conformity with their obligations under
the IORA Charter and the Charter of the United Nations:
a) Ensure respect for, promote and safeguard the fundamental
principles upon which international cooperation among states must be based,
including, inter alia, respect for the principles of sovereign equality,
territorial integrity, political independence, noninterference in internal
affairs, peaceful coexistence and mutual benefit.
b) Evaluate the adverse consequences of the agreement for regional
and international peace and security and communicate the results to the United
Nations, in accordance with the relevant provisions of the UN Charter.
c) Take appropriate action under Chapter VIII, Article 52, of the
UN Charter, concerning regional arrangements which authorises such arrangements
“to deal with matters relating to the maintenance of international peace
and security in a manner consistent with the Purposes and Principles of the
United Nations, and in no way impairing the authority of the General Assembly
and Security Council in such matters under Articles 34 and 35.
d) Implement, through appropriate mechanisms of IORA and in
conformity with the provisions of the Charter of the United Nations, the UN
Declaration of the Indian Ocean as a Zone of Peace adopted by the General
Assembly resolution 2832 (XXVI), which designates the Indian Ocean for all time
as a zone of peace “within limits to be determined,” together with
the airspace above and the ocean floor subjacent thereto.
e) Take appropriate action under Chapter V1, Article 35 of the UN
Charter, concerning Peaceful Settlement of Disputes, which “authorizes any
Member of the United Nations to bring to the attention of the Security Council
or of the General Assembly, any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether
the continuance of the dispute or situation is likely to endanger the
maintenance of international peace and security.” (Island 10.8.19 p 3)
Tamara Kunanayagam was associated with the drafting of the above
memorandum. ‘I fully share the concerns expressed by the signatories and
endorse the content of the letter and its objectives’, she said. She went on to
explain some of the items in the letter.
The letter does not call
for “UN intervention,” which would constitute a violation of
State sovereignty prohibited by the Charter, Tamara said. Instead, and in
conformity with the Charter, it draws the attention of IORA and its member
States to a new situation that has arisen in relation to Sri Lanka as a result
of the military or military-related agreements between the USA and Sri Lanka –
ACSA, SOFA and MCC – elaborated, negotiated and signed (or on the verge of
being signed), under coercion and in secret, and which are likely to pose a
threat to regional and international peace and security.
The letter calls upon IORA member States, who are also members of
the United Nations, to fulfill their obligations under IORA’s own Charter and
the Charter of the United Nations.
The UN Charter is the only universally recognized rule of law that
currently governs relations between States, based on sovereign equality. It
stands opposed to the so-called ‘rule of law’ aggressively promoted by the US,
based on unilateralism, external intervention and aggression, which seeks to
maintain US hegemony, globally.
Under article 103 of the UN Charter, any agreement that conflicts
with non-derogable peremptory norms of general international law, such
as sovereignty, independence and territorial integrity, is null and void.
Secret agreements are
moreover incompatible with the UN Charter, as are military agreements signed in
the context of big power rivalry, including, in particular, those aimed at
attacking third States.
The UN definition of aggression includes “the action of a
State in allowing its territory, which it has placed at the disposal of another
State, to be used by that other State for perpetrating an act of aggression
against a third State” (General Assembly resolution 3314 (XXIX) on
Definition of Aggression).
The UN Charter prohibits external ‘intervention’ in whatever form
by one State in the internal affairs of another. Instead, it obliges Member
States to take effective collective measures, by peaceful means, to prevent and
remove threats to the peace, and to suppress any acts of aggression or other
breaches of the peace.
Chapter VI of the Charter sets out the peaceful means whereby
parties to a conflict or any other state should seek a solution. Under article
35, any UN Member State may bring to the attention of the Security Council or
General Assembly “any dispute, or any situation” that “might
lead to international friction or give rise to a dispute.
Chapter VIII allows regional arrangements to deal with matters
relating to the maintenance of international peace and security in a manner
consistent with the Purposes and Principles of the United Nations.
In the letter addressed to IORA Secretary General, the signatories
call on Member States to apply the provisions under chapters VI and VIII
relating to the peaceful settlement of disputes through regional and
international cooperation, and not through intervention, and in a manner that
respects the sovereignty, independence and territorial integrity of Sri Lanka.
It calls on IORA Member
States to “ensure respect for, promote and safeguard the fundamental
principles upon which international cooperation among states must be based,
including, inter alia, respect for the principles of sovereign equality,
territorial integrity, political independence, non-interference in internal
affairs, peaceful coexistence and mutual benefit.
The US views itself as a hegemonic power with the authority to
dominate the entire globe, including outer space, and to act unilaterally,
preemptively and preventively imposing on other states its own “rule of
law.” This rogue state vision of the world blatantly contradicts the
universally recognized multilateral order governed by the Charter of the United
Nations. It is this unilateral vision that the signatories of the letter to the
Secretary General of IORA unequivocally reject, concluded Tamara Kunanayagam.
(continued)