KAMALIKA PIERIS
Revised
6.4.19
This essay
deals with the continuing story of USA, its allies and Yahapalana. Activities are presented in inventory form.
STATUS OF FORCES AGREEMENT
Sunday
Times stated in January 2019 that Sri Lankans are blissfully unaware
that agreements have been signed with an important foreign government without
proper consultation or studying the implication involved. One agreement gives the defence forces of
that powerful country legitimate access to Sri Lanka. Parliament has not been
told about these defense deals. Only
cursory cabinet approval has been granted.
Sunday Times has seen the
lengthy renewed document signed on behalf of the country. If the previous agreement
ran to a few pages this one is a thick volume, each section defines a
particular arrangement. Its far reaching implication will be felt only as time
goes by and the provisions take effect one by one.
The Sunday Times
is obviously referring to the Status of Forces Agreement (SOFA) Sri Lanka has signed with USA.
In February 2019 JVP MP Bimal Ratnayake told Parliament that a Status of Forces Agreement (SOFA) with
the USA has been signed. This would
have an adverse impact on the country’s sovereignty.
He related the history of the agreement. On
March 05th, 2007 the Acquisition and Cross-Servicing Agreement (ACSA) had been signed
between the US and Sri Lanka allowing US forces to utilize various facilities
in Sri Lanka such as ports, airports, communication facilities etc.”This
agreement was signed by the then Defence Secretary Gotabhaya Rajapaksa and the
US Ambassador Robert O. Blake. That pact, as far as we know, said Bimal, was
never presented to the Cabinet or Parliament. To our knowledge it was secretly
signed and both parties were US citizens. Thereafter, we brought up the issue
in Parliament for months, asking the then government to reveal details of this
agreement to Parliament. After six months in 2007, July a section of the
agreement was tabled in Parliament but several of the annexes were not
included.
The
expiration of the term of the pact, Acquisition and Cross-Services Agreement”
(ACSA) ended on March 5, 2017,” said the JVP . The Agreement says that it
could be extended for a further ten year period by mutual consent of the two
governments.We learnt that the government had already held many discussions
with a focus to giving its consent to the Agreement’s continuation,” he
said.We have reasons to believe that the present government too would follow
the example of the previous regime and give its consent for the continuation of
this Agreement secretly,” he stated.We seriously ask the government to stay
away from this defence pact which was signed under the previous government
without the approval of Parliament. It holds no advantage for the country.
Nevertheless, it will bring harmful consequences to the country in the course
of time,” he said.
According to
the Agreement, both countries are bound to provide facilities such as logistics,
land, fuel and other facilities to defence personnel, aircraft and vessels,” he
said.Sri Lanka is unlikely to engage in wars, but the US is. Hence the
Agreement has no impact in terms of Sri Lanka’s disposition. Should the US
engage in a military mission in the region, we are bound to provide the US with
land, fuelling, ammunition and other hardware,” he explained.We vehemently
opposed this Agreement which was signed during the time of the previous
government, because of its seriousness in terms of possibilities that could
engender regional discord, said JVP in March 2017.
The JVP then
moved on to the present agreement. On 4
August 2017 they signed the ACSA agreement again, Bimal Ratnayake said.
The President has signed this agreement without any time frame. The armed
forces representatives warned that this agreement is inimical to the country,
but the President as the head of defence, did not heed their opinion. This treacherous agreement jeopardizes the
country’s security and sovereignty. There is a clause in the agreement that
either party can pull out, having given six months notice, but we all know that
getting out of these agreements is not so easy, said Bimal.
“Now, the government is trying to sign a
new agreement with the USA called Status of Forces Agreement (SOFA).
Discussions are now underway, continued Bimal Ratnayake. “Reading out
sections of the agreement Ratnayake said: “In terms of the proposed
agreement prepared after a several rounds of talks between the representatives
of the Ministry of Foreign Affairs and the US mission in Colombo, it has been
proposed that US personnel be accorded the privileges, exemptions and immunity
equivalent to those accorded to the administrative and technical staff of a
diplomatic missions under the Vienna Convention.
The US personnel may enter and exit Sri Lanka
with US. identification and with collective movement or individual travel
orders; that Sri Lanka shall accept as valid all professional licenses issued
by the United States, its political subdivisions, or States thereof to US.
“Further US military personnel would be allowed to wear the US military
uniform Sri Lanka and carry their weapons, Ratnayake said.
“The Government of Sri Lanka recognizes
the particular importance of disciplinary control by US Armed Forces
authorities over U.S. personnel and, therefore, authorizes the Government of
the United States to exercise criminal jurisdiction over U.S. personnel while
in Sri Lanka, Which means they will not come under the law of this country. So,
no matter what they do here, we will not be able to take any action against
them, Ratnayake said. Requesting that the full text of the ACSA agreement be
presented to parliament, he called for a parliamentary debate on the SOFA
agreement before it was inked. (Sunday Times 25.2.19)
LOGISTICS HUB”
The media
reported in December 2018 that US has now has established a
logistics hub in Sri Lanka to help provide supplies and services to ships at sea.
The Logistics Hub, established on a temporary basis, provides logistics support
to U.S. Navy ships operating in the Indian Ocean. It involves the use of a Sri Lanka
airport and storage facilities for large-scale shipments. Items will thereafter be sent out to ships at
sea. The supplies will
be sent first to aircraft carrier USS John C. Stennis (CVN 74)
of the U.S. Pacific Fleet at Trincomalee, for distribution to the ships, said the US statement
on the matter.
The primary purpose of the Logistics Hub is to
provide mission-critical supplies and services to U.S. Navy ships operating in
the Indian Ocean. The Hub would also be
used to provide logistics support during humanitarian and disaster relief
missions (HADR). The US statement also noted that this logistics hub in Sri
Lanka will demonstrate the U.S. Navy’s ability to establish a temporary
logistics hub in a country which did not have a previous connection to the U.S.
Navy.
The U.S. Navy has
begun a temporary cargo transfer initiative that promotes Sri Lanka’s efforts
to become a regional hub for logistics and commerce, reported the media in
January 2019. The
first two transfers were in August 2018 at Bandaranaike International Airport
and Trincomalee and in December 2018 at Bandaranaike International
Airport.” The third was in January 2019.
US announced that “From January 21 to 29,
2019 the U.S. Navy will perform a transfer operation to move cargo between
planes at Bandaranaike International Airport .This is part of a
larger temporary cargo transfer initiative that promotes Sri Lanka’s
efforts to become a regional hub for logistics and commerce. The January
transfers will contribute approximately 25 million Sri Lankan Rupees to the
country’s economy.
“Under the initiative, several U.S. naval
aircraft are scheduled to land and depart from the commercial airport, bringing
in a variety of non-lethal supplies. The supplies will be transferred between
planes and then flown to the ship U.S.S. John C. Stennis” at sea.
Supplies may include personal mail for sailors, paper goods, spare parts
and tools, and other items. No cargo, military equipment, or personnel
associated with this initiative will remain in Sri Lanka after the completion
of the cargo transfer.”
The January
transfer was photographed by the media. Our pictures show supplies being loaded
to a US aircraft to be taken from the Bandaranaike International Airport to the
aircraft carrier USS John C Stennis which is in International waters off Sri
Lanka, said Sunday Times.
The cargo was brought to
the BIA by a US military cargo plane from Bahrain.
Lasanda Kurukulasuriya commented at length on
the matter. In December, 2018 the world’s superpower pulled off a heist in
terms of extending its military footprint in Sri Lanka and, by extension, in
the Indian Ocean, she said.
Between 24– 29 January, the US Navy’s 7th
Fleet for a second time carried out what it called a ‘temporary cargo transfer
initiative’ in Sri Lanka using the Bandaranaike International Airport (BIA), to
move supplies on to the US aircraft carrier USS John C Stennis, located off Sri
Lankan waters.
During
the previous December operation involving the same aircraft carrier, the US had
set up what it called a ‘logistics hub’ in Sri Lanka “to receive support,
supplies and services” for US Navy ships operating in the Indian Ocean.
The BIA was used for US military planes to bring in supplies, and for aircraft
aboard the John C Stennis to fly in, load, and ferry them back.
The planes that gained entry to Bandaranaike
International Airport (BIA), which is a commercial airport, were military
craft. They do not come under Sri Lanka’s Civil Aviation Authority (CAA). It
remains unclear whose jurisdiction these military craft would come under, while
in Sri Lankan airspace and on Sri Lankan soil. Asked if the CAA had any role in
the operation, Director General of Civil Aviation said “The Defence
Ministry informed us that they had granted approval for the operation.” The CAA
had nothing to do with military craft and has no control in this regard.
Military related matters were totally under government control and public
accountability too was government’s responsibility, he said.
Sri Lanka Customs, Police and Military have no
power to inspect the cargo, observed Lasanda. There is no information on
whether duties or charges are levied for services. A US embassy statement says
“Supplies may include personal mail for sailors, paper goods, spare
parts and tools, and other items,” which sounds innocuous enough. But the
next sentence says: “No cargo, military equipment, or personnel associated
with this initiative will remain in Sri Lanka after the completion of the cargo
transfer.” Why would military equipment or personnel be mentioned here,
unless there is a possibility that they could be part of such transfers. Also who
would adjudicate if an accident or crime involving US aircraft or personnel
takes place causing death or injury to Sri Lankans, or damage to property,
asked Lasanda.
Lasanda noted that the embassy tried to present
this activity as a series of commercial transactions” that promotes Sri
Lanka’s efforts to become a regional hub for logistics and
commerce” (embassy news release). In a statement on the Sri Lanka
cargo transfer operation the 7th Fleet’s Logistics Readiness Cell chief Lt.
Austin Gage hinted at such an approach when he said: “We are generating
standard operating procedures to optimize our supply chain to be more agile and
mobile and utilize strategic locations in the Indian Ocean.”
Another US statement however has reportedly
described the facility as a “military logistics hub,” showing that Sri Lanka is being used for
military purposes. Washington-based Daya Gamage in an Asian Tribune report of
31.01.19 quotes a Jan. 23rd statement
issued by the US mission in Colombo saying: “The United States Navy is
doing a cargo transfer operation at Sri Lanka’s main international airport
under a plan to use the island’s location to make it a MILITARY LOGISTICS
HUB” (emphasis added).The US statements have been careful to avoid
mentioning where, off Sri Lanka waters, the aircraft carrier was anchored, and
where the military logistics hub is physically located. But local media reports
point to Trincomalee. This new
arrangement between the US and Sri Lanka is military in its stated objective of
servicing US naval craft in the Indian Ocean.
Nowadays the US strategy is not to establish
full-blown, costly military bases overseas but to use the ‘Lily-pad’ concept,
whereby it increases its force deployment globally, but with a smaller
footprint, observed Lasanda. Lily pad” is more nimble when it comes to moving
equipment and personnel to where they are required in a contingency. The
Lily-pad approach involves bilateral arrangements with strategically located
states, sometimes called ‘Status of Forces Agreements.’
The rights sought to be secured through such ‘Status
of Forces agreements usually include, access to facilities free of charge,
right to own and operate telecommunication systems and use radio spectrum,
waiver of claims for damages and losses including death to personnel both
military and civilian, disputes to be settled by consultation between parties
and not through referral to any national or international court. The Maldives
refused to sign such an agreement with the US, concluded Lasanda.
ROYAL AUSTRALIAN NAVY’S
INDO-PACIFIC ENDEAVOUR 2019
Australia and
her allies Japan, the United States and the United Kingdom have increased their
military-to-military cooperation with Sri Lanka after 2015, reported the media.
Australia’s 2016 Defence White Paper acknowledged Sri Lanka’s location on a
vital maritime corridor in the Indian Ocean,
Sri Lanka was
an important strategic node in the Indian Ocean region, a major area of
interest for the Royal Australian Navy. Sri Lanka’s location on a vital
maritime corridor in the Indian Ocean has seen Australia gradually increase
defence cooperation,” the White Paper noted. High profile Australian Defence
Force officers have attended a string of Sri Lankan defence seminars and discussions
in the last few years.
The Royal
Australian Navy annually conducts a multilateral defence cooperation exercise, known as Indo-Pacific Endeavour with the
objective of helping regional security and stability. In 2019,
for Indo-Pacific Endeavour1,000 Australian
Defence Force (ADF) personnel
participated in a series of
activities and military training exercises during port visits in India,
Indonesia, Malaysia, Singapore, Sri Lanka, Thailand, and Vietnam in Sri Lanka both Colombo and Trincomalee harbors
were included in the exercise.
A Joint task
force of 1,000 Australian Defence Forces (ADF) personnel consisting of Army,
Navy and Air Force personnel arrived for this program in Sri Lanka.
Four
Royal Australian Navy ships HMAS Canberra, Success, Newcastle, and Parramatta arrived. HMAS Success was a replenishment oil tanker, HMAS Parramatta was a
frigate. HMAS Canberra and HMAS Newcastle arrived at the port of Colombo
while HMAS Success and HMAS Parramatta entered the port of Trincomalee. A Royal Australian Air Force (RAAF) P-8
Poseidon maritime patrol aircraft (MPA) was also scheduled to visit Mattala
International Airport as part of the joint exercise.
The 230.9m long and 7.9m wide HMAS Canberra,
has a displacement of 27500 tons and a crew of 483 officers and sailors
onboard. HMAS Newcastle has a
displacement of 4200 tons and a crew of 205 officers and sailors onboard, is
138.1m long and 7.9m in width. HMAS Success, is 157.2m in length and 8.4m in width
and has a displacement of 17900 tons with a crew of 178 officers and sailors
onboard. HMAS Parramatta which has a displacement of 3900 tons and a crew of
190 officers and sailors onboard, is 118m long and 6.2m in width.
ADF personnel
and their Sri Lankan counterparts engaged in several training exercises and
activities aimed at improving cooperation and familiarity between the armed
forces of the two nations and exploring opportunities to further promote
regional stability. Humanitarian
Assistance and Disaster Response (HADR) and Maritime Surveillance were key
areas. Other areas included helicopter
exchange operations, Maritime domain awareness activities. In Trincomalee the
activity focused on Navy-to-Navy
engagement between the two countries,” concentrating on inter-operability. The ADF delegation also visited several Sri Lankan
military training establishments
including the Kukule Ganga Peace Operations Training Centre. There were o Sports events between the two groups and a Tri Forces Band performance with Australian
Defense Force Band.
This is our
first stop in the IPE 2019 mission. it is an important stop given the history
Sri Lanka holds in the Indian Ocean in the present time and, I believe, the
future,” said Commander of the Joint Task Force. He expressed Australia’s desire
to be part of Sri Lanka’s involvement in the Indian Ocean. . We would like Sri
Lanka to have us as a strategic partner in the Indian Ocean,” he stated.
JAPAN-SRI LANKA PARTNERSHIP
Both Japan and the US, saw Sri Lanka as of great importance in the
overall Indo-Pacific strategy, after Yahapalana government took power. Kentaro
Sonoura, Special Advisor to the Prime
Minister of Japan, visited Sri Lanka
in February 2019.” Before that, Japanese Defense Minister
Itsunori Onodera visited in August 2018,
the first Japanese defense minister to visit Sri Lanka.
Japanese State Minister for Foreign Affairs,
Kazuyuki Nakane, also visited in August 2018, and further consolidated the ‘Comprehensive Partnership’ between the
two countries. The first such post-World War II Japan-Sri Lanka agreement was
reached in early October 2015,. The far reaching agreement came into being,
following Prime Minister Ranil Wickremesinghe’s three-day visit to Japan, in
October 2015, on the invitation extended by Japanese Premier Shinzo Abe. The
joint declaration, issued at the end of the visit, dealt with the Japan-Sri
Lanka naval cooperation among other issues. Abe and Wickremesinghe agreed on
close military cooperation between the two countries, particularly on maritime
security, including port calls by the vessels of the Japan Maritime Self Defense
Force (JMSDF).
Japan has
singled out Trincomalee as one of three in the Indian Ocean to be
developed as part of Prime Minister Shinzo Abe’s “free and open
Indo-Pacific strategy.” The other two are Myanmar’s Dawei and Bangladesh’s
Matarbari. Interestingly, Japan praised Sri Lanka for co-sponsoring the Oct
2015 Geneva Resolution. In fact, all Co-Chairs appreciate Sri Lanka
co-sponsoring a Resolution against its own interests, at heavy political
expense, back at home, observed Shamindra Ferdinando.
OFFICE OF
RESIDENT DEFENCE ADVISOR, BRITISH HIGH COMMISSION, COLOMBO
The UK has again set up an Office of Resident
Defence Advisor at the British High Commission, Colombo after a lapse of
ten years, reported the media in 2019. The UK suspended defence relations with
Sri Lanka during the tail end of the second term of Rajapaksa administration
over accountability issues.
Since we announced the re-establishment of
defence relations in 2015, a Non-Resident Defence Advisor based in New Delhi
has managed our defence relationship with Sri Lanka, said the
High Commission in January 2019. Changing this to a resident position
enables us to work more closely with Sri Lanka on defence issues as a
Commonwealth partner and friend; to support the Sri Lankan armed forces as they
work towards modernization and reform; and help them to play a positive role in
fulfilling Sri Lanka’s commitments to the UN Human Rights Council.”
MODERNISING
LEGAL SYSTEM.
USAID is working with the Justice Ministry, the Bar
Association of Sri Lanka (BASL), the Legal Aid Commission (LAC), provincial bar
associations, educational and research institutions, and key NGOs towards modernizing Sri Lanka’s judicial system, said
USAID in 2018. This will
improve the quality of the profession and deliver a justice system fit
for the future”. This is handled by the
USAID Coherent, Open, Responsive, And Effective Justice Programme (CORE
Justice. USAID is funding several other projects, to the tune of more than Rs.
4.5 billion for youth employment, rule
of law and reconciliation.
TRANSITIONAL
JUSTICE, MISSING PERSONS
In 2018 Washington,
decided to allocate USD 35
million to Sri Lanka , exclusively for
programmes relating to the identification and resolution of cases of missing
persons and certain transitional
justice mechanisms.
These include
repealing laws that do not comply with international standards for arrest and
detention by security forces, investigating allegations of arbitrary arrest and
torture, supporting a justice mechanism as identified by the United Nations
Human Rights Council, and returning military-occupied lands in war-affected
areas to their original owners. In addition, the US government called for substantially
reducing the presence of the armed forces in former conflict zones” and
restructuring the military for a peacetime role that aids in reconciliation.
The bill also states that USD 500,000 in military assistance can only be used
in humanitarian and disaster response preparedness and maritime security.
AMERICAN
CORNER
The US
embassy has launched a new American Corner at the Matara Chamber of Commerce
and Industry in March 2019. This Corner
fulfills a longtime dream to offer Southern Province youth more connections to
U.S. culture said the ambassador. The
Centre offers courses in entrepreneurship, coding, English also
a3D printing service. We have a
wonderful library of books that will help students who want to study in the
USA. We also offer educational advice services for Sri Lanka
students who might want to pursue a degree in America. We hope they will also learn about the United
States, America and the American people at this centre. Membership, programs, and courses are all
free of charge.
RENOVATION OF
SCHOOLS IN NORTH AND EAST
U.S.
Indo-Pacific Command (INDOPACOM) renovated
schools in north and east. They
renovated two schools in Nintavur and Soodaikkudah. Al
Mazhar Girls High School got 12
classrooms, a 35,000-liter rainwater harvesting system, and 17 additional
bathroom stalls. Soodaikkudah School, got five new classrooms and a 35,000-liter
rainwater harvesting system. The classroom building incorporates an emergency
shelter on the top floor, providing a safe location for local families in the
event of a natural disaster. There was also a new handicap-accessible toilet
block with ten stalls. INDOPACOM also
gave Hindu Ladies’ College, Jaffna a newly refurbished building
NDOPACOM renovated two schools in the Eastern
Province. Kavathamunai al-Ameen school saw the renovation of a classroom
building and the construction of an emergency kitchen, 10,000 liter rainwater
harvesting system, and ahandicap-accessible
bathroom. Abdul Cader school project renovated a classroom building
and constructed an emergency kitchen, 10,000 liter rainwater harvesting system,
and a handicap-accessible bathroom. ( Continued)