{"id":108627,"date":"2020-11-13T15:49:01","date_gmt":"2020-11-13T22:49:01","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=108627"},"modified":"2020-11-13T15:49:01","modified_gmt":"2020-11-13T22:49:01","slug":"the-pohottuwa-government-of-sri-lanka-part-2-c8e","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2020\/11\/13\/the-pohottuwa-government-of-sri-lanka-part-2-c8e\/","title":{"rendered":"THE POHOTTUWA GOVERNMENT OF SRI LANKA Part 2 C8e"},"content":{"rendered":"

KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n

STATUS OF\nFORCES AGREEMENT (SOFA) <\/strong><\/p>\n\n\n\n

US and Sri Lanka had  an\nagreement  in 1995, by exchange of\ndiplomatic notes, regarding the status of US military personnel and civilian\nemployees of the Department of Defence \nwho may be present in Sri Lanka for exercises or official duties. The\nSOFA currently under negotiation seeks to update this 1995 agreement between\nthe US and Sri Lanka. US government has made a request to extend the former\nagreement, and to include an annexure to expand it, called Annex B. <\/p>\n\n\n\n

Prime Minister Ranil Wickremesinghe announced in Parliament in\nJuly 2019 that Sri Lanka is negotiating a fresh military cooperation deal with\nthe United States. The government was discussing a replacement for the 1995\nStatus of Forces (SOFA) arrangement that would allow the US military easier access\nto Sri Lanka. <\/p>\n\n\n\n

The United\nStates Embassy in Colombo sent to Foreign Secretary, Prasad Kariyawasam a\nfive-page document dated August 28, 2018.it was a draft Status of Forces\nAgreement (SOFA) which Washington was keen to sign with Sri Lanka.  Kariyawasam initiated discussions supported\nby Foreign affairs Minister Mangala Samaraweera. Discussions were between the United States\nEmbassy in Colombo and the Ministry of Foreign Affairs.   Ministry of Defence, responsible for the\ncountry\u2019s national security, was kept out. <\/p>\n\n\n\n

The draft said that the acceptance of their draft\u201d shall\nconstitute an agreement between the two Governments,which shall enter into force on\nthe date of Ministry\u2019s reply.\u201d\nThis meant that once the Secretary of the Ministry of Foreign affairs, Sri\nLanka, accepted the offer or says Yes, the agreement is effective. Once the Sri\nLanka Government agrees, it has to stick by it, the embassy said. The Public Affairs Office of the US Embassy\nhad invited select local media to brief them on this. The veiled warning made\nnews, said Sunday Times. <\/p>\n\n\n\n

However, at this point President Sirisena butted in. He asked\nSecretary Kariyawasam to quit his post in Washington.  Ambassador Kariyawasam left on October 31,\n2018. That put the SOFA project on temporary hold. But negotiations went on. <\/p>\n\n\n\n

 SOFA was listed for\ndiscussion at the third Sri Lanka-United States Partnership Dialogue in\nWashington DC in May 2019, Foreign Minister Tilak Marapana, who led the Sri\nLanka delegation, discussed the draft SOFA,  with US Secretary of State Mike Pompeo. <\/p>\n\n\n\n

He was to express Sri Lanka\u2019s concern over some of the provisions.\nThere were two clauses which Minister Marapana sought to change during talks in\nWashington DC. One was diplomatic immunity for US troops who would be present\nin Sri Lanka and the other subjecting all their actions to US laws. Such an agreement, would have given an open\nlicence for uniformed US troops with arms and communications equipment to roam\nany part of Sri Lanka.<\/p>\n\n\n\n

Meanwhile President Sirisena declared, in June 2019, I am against\nthe proposed SOFA.  He was not prepared to accept military agreements with\nthe US including SOFA. President Sirisena then telephoned Marapana in\nWashington DC and said he should not sign the SOFA agreement without any\nconsultation with Sirisena since Sirisena was the Minister of Defence. This has\nstalled the move for the time being but pressure from the United States\ncontinues, said the media in June 2019.<\/p>\n\n\n\n

State Minister for Defence, also said No agreement which is not\nfavourable and which has consequences to national security will be signed. If\nany agreement was to be signed, the President\u2019s advice as Minister of Defence\nwould be sought and signed thereafter by the Defence Secretary.\u201d <\/p>\n\n\n\n

The proposed Status of Forces Agreement (SOFA) with the US has\ncome in for much discussion. The whole process lacks transparency and\naccountability, said critics. SOFA is\nvery comprehensive.  Our independence,\nour territorial integrity, and freedom of action are at stake. This treaty once\nsigned will be binding on us. Sri Lanka will be dragged into the US camp. <\/p>\n\n\n\n

The new agreement is comprehensive and provides for full enjoyment\nof diplomatic immunity not only by any member of US armed forces, but also by\nthe contractors and employees of US armed forces. SOFA is more far reaching than ACSA since it\nis not confined to purchase of goods and services. They include rules governing\nUS military personnel in a foreign country. <\/p>\n\n\n\n

 WARNING STATEMENT BY MM ZUHAIR.<\/strong><\/p>\n\n\n\n

M.M. Zuhair has provided the clearest and bluntest assessment of\nwhat will happen when SOFA is signed. Here are his comments.<\/p>\n\n\n\n

Zuhair warned that proposed Status of Forces Agreement (SOFA)\nwould transform Sri Lanka into a US military facility. it will create a\n\u2018separate state\u2019, having an independent power structure for the US military and\nits contractors, within the territory of Sri Lanka.\u201dThat state will be run from\nWashington by the US Defense Department. The Sri Lankan government, it\u2019s\nParliament, the country\u2019s judiciary it\u2019s armed forces or the Police will have\nno say, under the published agreement, over the US armed forces entering Sri\nLanka at their will and pleasure, freely transiting, exiting or remaining\nwithout exiting, within any part of the territory of Sri Lanka in vehicles,\nvessels and aircrafts, wearing uniforms, armed with communication equipment and\nweapons. “<\/p>\n\n\n\n

“The unwritten objective of the proposed agreement would be\nfor the US to obtain from Sri Lanka, the non-consultative status of using at\nany time, any part of the Sri Lankan territory, as a permanent or transit point\nfor the military activities the US is habitually and perennially engaged in,\noutside the Western world. For the first time, fully armed American men and\nwomen can freely move within any part of Sri Lanka, as persons above Sri Lankan\nlaws.<\/p>\n\n\n\n

US armed forces can move anywhere in the island both individually\nas well as collectively with arms and ammunition. All the recognized\ningredients that constitute a technologically virtual \u2018separate State\u2019, though\nan unrefined concept in international law are to be found sandwiched in\nSOFA.”With SOFA in hand, the Americans do not require a military \u2018base\u2019 in\nSri Lanka\u2019s Eastern city of Trincomalee or elsewhere here, because the whole\nisland will be a US controlled super State operating above the Sri Lankan laws\nand State”. The consequences would be the country will abdicate its\nsovereignty, in respect of an unprecedented list of powers exercisable by the\nSri Lankan State, to the US President and his successors. “<\/p>\n\n\n\n

The list of US contractors is open ended. It will include\ncontractors signing with the US Defense Department in the future and the future\nemployees of the contractors, over whom Sri Lanka will have no control. ”\nThe US armed forces and its civilian personnel will be governed only by US laws\nwhile enjoying privileges, exemptions and immunities in Sri Lanka that even the\ncountry\u2019s Head of State, our Mahanayake Theros or Sri Lanka\u2019s Judges or\nGenerals do not have.\u201d<\/p>\n\n\n\n

Zuhair points out that this could be used further. US money power\nwill also enjoy structural facilities in the island that can be used to\ninfluence future elections. Eventually the US might want a puppet regime\nelected or installed to consolidate more effectively and permanently its\npresence” in this admittedly strategic location. “<\/p>\n\n\n\n

“The US Ambassador here had tried to call the SOFA as the\nVisiting Forces Agreement. The one is entirely different from the other. In\nfact the Visiting Forces Act of 1949 is more than adequate to serve the\nobjectives the Ambassador had been publicly posturing on this issue.\u201d The\nVisiting Forces Agreement and the Public Security Ordinance, the latter\nempowers Sri Lanka\u2019s Head of State to declare emergencies, are adequate to\nreceive any emergency assistance. But red tape is absolutely necessary to exercise\ndue diligence before foreign forces are allowed into the country. “<\/p>\n\n\n\n

“As per the agreement, the US armed forces and its civilian\ncomponents, while in Sri Lanka, will not be subject to Sri Lankan criminal or\ncivil laws, hitherto applicable under the Visiting Forces Act No 31 of 1949.\u201d<\/p>\n\n\n\n

“Lately, we have seen the US over active in Sri Lanka under\ncolour of joint military exercises. Almost every other month they are\nhere”. Enemies of the US in the Asian region, though pretending to be\nasleep, will soon fully wake up. “Are we going to allow our country to be\nused for engineering external wars and internal conflicts? “<\/p>\n\n\n\n

SOFA is not limited to any emergency in Sri Lanka. It applies to\nany emergency the US is getting itself entangled in, presently in the\nMiddle-East and very soon in Asia.  The\nagreement is a clear threat to the national security of the country,\nparticularly vis a vis competing international forces which the American\ngovernment treats, from time to time, as its enemies. “<\/p>\n\n\n\n

“This country cannot afford to get dragged into the present\nor future wars that the US government has a devastating record of getting\ninvolved in third world countries. “Sri Lanka will have to pay a heavier\nprice than the returns from exports to the US, when Sri Lanka is used by the US\nas a front line launching pad for its military operations, which could include\nwars in the Middle-East and Asia to confront its real and fake enemies. <\/p>\n\n\n\n

The US will not give up the agreement as easily as some\nanticipate. No doubt the US can force its way. But to surrender in advance to\nthe US, with its declared policy of \u2018US interests first\u2019 will turn out to be a\nnational disaster,  concluded Zuhair. <\/p>\n\n\n\n

LSSP\nSTATEMENT<\/strong><\/p>\n\n\n\n

The Lanka Sama Samaja Party (LSSP), at a meeting of its Politburo\nin June 2019, called upon the people of Sri Lanka to publicly protest against\nthe move to sign the Status of Forces Agreement (SOFA). <\/p>\n\n\n\n

This agreement which is being signed with the Government of the\nUSA is a follow up to the ACSA agreement, a 83-page document, signed by the UNP\nGovernment with the USA in 2017. The ACSA agreement enables the American armed\nforces to make use of any military bases and ports, whenever they want, and the\nSri Lankan Government would take all action to provide them with the necessary\nsupport. There will be joint training exercises to enable the two armed forces\nto work together under US directives. <\/p>\n\n\n\n

The new SOFA agreement is aimed at providing the facilities and\nconditions for the implementation of the ACSA agreement. Thus SOFA, as signed by\nthe USA with other countries, would enable US armed personnel, and even their\nsupport staff and contractors, to enter Sri Lanka without a visa or passport,\nmerely by showing their Identity Card. There will be no checking of any\ncontainers brought in and no duties will be charged. They will be permitted to\ntravel and work anywhere in our country, and in so doing if they break our laws\nthey cannot be charged under Sri Lankan law, but only under US law. <\/p>\n\n\n\n

This is a complete violation of our national impendent and\nsovereignty. Sri Lanka will be made the  51st state of the USA. Every effort must be\nmade to prevent this agreement being signed.<\/p>\n\n\n\n

The ACSA and SOFA agreements would enable the US army to invade\nSri Lanka, even without the consent of our government, on the pretext of\nfighting global terrorism, as it did in Iraq and Syria, and make Sri Lanka a\nbattlefield. This will help promote the sale of the armaments of the USA and\nits allies, including Israel. <\/p>\n\n\n\n

To avoid such a distressing chain of events that will adversely\naffect our country and our people, it is vital that all agreements signed by\nthe present government should be made available to the members of Parliament\nand the general public. There must be no secret agreements.<\/p>\n\n\n\n

This would enable any commitments that are against the interest of\nSri Lanka and its people to be exposed and revoked. There should be legislation\nbrought up in Parliament that makes it mandatory for government to disclose the\ncontents of any future agreements in full to Parliament and it should also be\nmade public. The American government has included the discussion of GSP and\nother trade commitments to take place at the same time. This is to bring\npressure on our government with the hidden threat of removing any trade\nbenefits given to Sri Lanka. The Government must not weaken its stand because\nof such veiled threats. <\/p>\n\n\n\n

If we give into their demands on the SOFA and ACSA agreements,\nthen we cannot stop the USA from using Sri Lanka as a substitute for the Diego\nGarcia military base, they have lost to Mauritius, to enable the USA to control\nthe Indian ocean. Once it is used as a base and they have open entry into our\ncountry in terms of these agreements there will be no way in which we can get\nrid of them so long as there is a pro-USA puppet regime in power. If we are to\nstop this dangerous sequence of events that threatens Sri Lanka taking place,\nthen we must act now to stop the signing of the SOFA agreement and get\nparliament to revoke all harmful parts of the ACSA and other agreements, concluded\nLSSP.<\/p>\n\n\n\n

OTHER  OBSERVATIONS<\/strong><\/p>\n\n\n\n

Sri Lanka has no defense agreement with the US and it should be\ncautious as regards agreements that may put it on a collision course with\ncountries like India, China and Iran, warned former Permanent Secretary of\nForeign Affairs, Palitha Kohona at a media conference on the Status of Forces\nAgreement (SOFA) and Acquisition and Cross-Servicing agreements (ACSA) between\nSri Lanka and the United States of America. <\/p>\n\n\n\n

Kohona said  under\nSOFA,  US military personnel could come\nto Sri Lanka, carry weapon and do anything and they could not be dealt with\nunder the local laws\u201d. For instance, US forces faced a number of rape charges\nin the Philippines, but did not face legal action in that country. <\/p>\n\n\n\n

Defence\nSecretary Gen.(Rtd). Shantha Kottegoda also said that SOFA should not be\nsigned. He  said that no foreign troops\nare needed to protect Sri Lanka, referring to provisions in SOFA in regard to\nthe deployment of US defense personnel in the island. <\/p>\n\n\n\n

Ven.\nMahanayakes and His Eminence Malcolm Cardinal Ranjith issued a joint statement,\non the need to exercise caution when entering into agreements with foreign\npowers. <\/p>\n\n\n\n

In the Army, the Navy and the Air Force, senior officers whom I\nspoke with this week were numbed by the provisions in the SOFA,  said a journalist, In July 2019. They seem to\nhave woken up.<\/strong> a senior Army\nofficer, said My earlier understanding was they were coming here to help us \u2013\npaint walls of hospitals, make donations for orphanages, provide injections for\nlivestock, build schools and other social welfare or humanitarian measures.\nHowever, they are now asking for immunity from our laws. <\/p>\n\n\n\n

\u201dAn Air Force officer remarked unlike naval operations which the\nUS can co-ordinate even outside Sri Lanka\u2019s territorial waters, the US has to use\nour airports for troops as well as cargo. We will have to share all our Air\nForce installations and air fields with a foreign country\u2019s air force. Unlike\nfor emergency situations like relief or rescue operations, prolonged use will\ndefinitely affect our activities. We will see another Air Force functioning\nalongside us and this is abhorrent..<\/p>\n\n\n\n

 We should not antagonize\nthe United States. However, we should find acceptable common ground instead of\nforfeiting our national interests,\u201d said a senior Navy official. <\/p>\n\n\n\n

Chandraprema had a different take on the subject. Even though the\nStatus of Forces Agreement that has been proposed with Sri Lanka is shrouded in\nsecrecy, as far as other countries are concerned, SOFA agreements are open\ndocuments. <\/p>\n\n\n\n

 The provisions of the\nproposed Status of Forces Agreement between Sri Lanka and the US are almost\nidentical for example to the USA\u2019s SOFA with Poland. The provisions in these\nagreements are largely generic and can be cut and pasted from one agreement to\nanother with minimal changes. SOFA agreements apply to US military and civilian\npersonnel working for the US Department of Defense, and to US contractors under\ncontract to the US Department of Defence. The agreement applies to the presence\nof US personnel in the host country in relation to ship visits, training,\nexercises, humanitarian activities, and other activities mutually agreed, said\nChandraprema. <\/p>\n\n\n\n

the Department of State and the Department of Defense, working\ntogether, identify the need for a SOFA with a particular country and negotiate\nthe terms of the agreement. SOFAs may be as short as one page or in excess of\n200 pages as is the case with the SOFA between the US and Germany. <\/p>\n\n\n\n

 The question that the US\ngovernment should ponder is why there is so much resistance in Sri Lanka to\nsigning a SOFA agreement with the US. The first reason is that Sri Lankans in\ngeneral do not see the USA as an ally or even a friend. For the most part, the\nUS is seen as an adversary that has worked against Sri Lanka in the international\narena. The few hundred million dollars that the US seems to be willing to throw\nin Sri Lanka\u2019s direction is just chicken feed and the people know it. <\/p>\n\n\n\n

What Sri Lanka has been getting from the US since 2009 are only\ncriticisms and lectures on how to run our country. The US does not want to even\nacknowledge us as partners. In such circumstances, who in his right mind will\nbe happy at a proposal that will give US troops a free run of this country? <\/p>\n\n\n\n

The presence of US troops in this country will on the one hand\nseriously compromise the non-aligned tradition which has become an article of\nfaith in this country. Then there is the very real danger that the presence of\nUS troops on Sri Lankan soil may spark off rivalry between super powers. <\/p>\n\n\n\n

 Then there is the danger\nthat the presence of US troops in our country may fuel Islamic terrorism as\nwell. Sri Lanka will have to go through all that for nothing in return from the\nUS\u2013 not even a kind word let alone the kind of goodies that other countries get\nfor doing the US similar favours, concluded Chandraprema. <\/p>\n\n\n\n

AMERICA\nREPLIES<\/strong><\/p>\n\n\n\n

The US embassy in Sri Lanka turned defensive. In view of the\nopposition,  SOFA was given a new name,\nVisiting Forces Agreement (VFA).  the embassy held a press conference  n July 2019 and announced that There was no\nplan to establish an American military base in Sri Lanka and ongoing\nnegotiations on the Visiting Forces Agreement (VFA), was aimed at facilitating\ncooperation between the two countries,. “Allegations\nbeing leveled against the proposed VFA, are blatant misinformation”, any\nagreement reached, would fully respect the sovereignty of Sri Lanka. <\/p>\n\n\n\n

US Ambassador\nAlaina Teplitz also tweeted that US denied any plan to establish a US base in\nSri Lanka. Teplitz in a twitter message said the negotiation on the Visiting\nForces Agreement is aimed to facilitate cooperation and any agreement will\nrespect the sovereignty of Sri Lanka.
\nAny agreement will fully respect the sovereignty of Sri Lanka,\u201d she  tweeted.<\/p>\n\n\n\n

In a note to the Government (a non-paper), a copy of which was\nseen by the Sunday Times<\/em>, the US Embassy in Colombo has claimed\nthat  the SOFA in no way would permit\nthe United States to base forces or equipment in Sri Lanka.\u201d <\/p>\n\n\n\n

Ambassador Teplitz met the Mahanayakes of Asgiriya and Malwatte\nChapters and told them that SOFA was not meant to take advantage of Sri Lanka.\nThere hadn\u2019t been a previous instance of a US Ambassador, or any other foreign\nenvoy for that matter, making representations to Mahanayakes as regards\nsecurity-political issues, commented analysts.\n<\/p>\n\n\n\n

Prime Minister Ranil Wickremesinghe denied in 2019  that the new SOFA would lead to a permanent US\npresence on the island.”The US navy is not a fleet of fishing trawlers.\nThey don\u2019t need any bases in Sri Lanka,” he said. <\/p>\n\n\n\n

 Wickremesinghe  told the Ceylon Chamber of Commerce in July\n2019  that there is no SOFA\u201d agreement\nbetween the Sri Lankan and US governments and neither is there any proposal to\nthat effect forwarded by any Ministry to the Cabinet. The government has not signed any Status Of\nForces Agreement (SOFA) with United States.<\/p>\n\n\n\n

Wickremesinghe told Parliament ,also that the government had not\nsigned a new Status of Forces Agreement (SOFA) with America, although\ndiscussions were ongoing. he had \ninformed the U.S  that his\ngovernment was not agreeable to some of the conditions in the draft proposal\nunder discussion. He stressed that regardless of the outcome of negotiations,\nnothing would be done to harm Sri Lanka\u2019s sovereignty. <\/p>\n\n\n\n

THE DIPLOMATIC\nNOTE\u201d<\/strong><\/p>\n\n\n\n

Lasanda Kurukulasuriya commented  on the agreement.  She said, the SOFA under negotiation relates\nto a confidential Diplomatic Note from the US embassy to the foreign ministry\ndated 28th August 2018, said Lasanda..<\/p>\n\n\n\n

 The US embassy \u2018reminds the\nGSL\u2019 that “as a result of these discussions the Embassy proposes that U.S.\npersonnel be accorded the privileges, exemptions, and immunities equivalent to\nthose accorded to the administrative and technical staff of a diplomatic\nmission under the Vienna Convention on Diplomatic Relations; that U.S. personnel\nmay enter and exit Sri Lanka with U.S. identification and with collective\nmovement or individual travel orders”..<\/p>\n\n\n\n

Lasanda observes: “The Government of Sri Lanka recognizes the\nparticular importance of disciplinary control by U.S. Armed forces authorities\nover U.S. personnel and, therefore, authorizes the Government of the United\nStates to exercise criminal jurisdiction over U.S. personnel while in Sri\nLanka.””\u2026the U.S. Department of Defense and U.S. personnel shall not\nbe liable to pay any tax or similar charges within Sri Lanka. The U.S.\nDepartment of Defense and U.S. personnel may import into, export out of, and\nuse in Sri Lanka any personal property, equipment, supplies, material,\ntechnology, training, or services in connection with activities under this\nagreement. \u2026 They shall be exempt from any inspection within Sri Lanka.” .<\/p>\n\n\n\n

“The Embassy proposes that vessels and vehicles operated by\nor, at the time, exclusively for the U.S. Department of Defense may enter,\nexit, and move freely within the territory of Sri Lanka. The discussions so far\nheld between the GSL and USG in Colombo and, most recently in Washington\nhighlighted “Aircraft and vessels of the U.S. Government shall be free\nfrom boarding and inspection.” .<\/p>\n\n\n\n

The Embassy also proposes that the U.S. Department of Defense may\ncontract for any material, supplies, equipment, and services (including\nconstruction) to be furnished or undertaken in Sri Lanka without restriction as\nto choice of contractor, supplier, or person who provides such material, supplies,\nequipment or services. Such contracts shall be solicited, awarded and\nadministered in accordance with the laws and regulations of the Government of\nthe United States of America. Acquisition of articles and services in Sri Lanka\nby or on behalf of the U.S. Department of Defense in connection with activities\nunder the Agreement shall not be subject to any taxes or similar charges in Sri\nLanka.”The Embassy proposes that U.S. personnel shall have freedom of\nmovement and access to and use of mutually agreed transportation, storage,\ntraining, and other facilities required in connection with activities under\nthis Agreement.” .<\/p>\n\n\n\n

The Government of Sri Lanka recognizes that it may be necessary\nfor the U.S. Armed forces to use the radio spectrum. The U.S. Department of\nDefense shall be allowed to operate its own telecommunication system. This\nshall include the right to utilize such means and services as required to\nensure full ability to operate telecommunication system. The use of the radio\nspectrum shall be free of cost to the U.S Government. The classified diplomatic\ncommunication dated 28 August 2018 sent to the Sri Lanka Ministry of Foreign\nAffairs at the conclusion states that (Quote) If the foregoing is accepted to\nthe Government of the Democratic Socialist Republic of Sri Lanka, the Embassy\nproposes that this note, together with the Ministry\u2019s reply to that effect,\nshall constitute an agreement between the two Governments, which shall enter\ninto force on the date of the Ministry\u2019s reply.”<\/p>\n\n\n\n

There is further information regarding the contents of the SOFA in\nrelation to \u2018contractors\u2019 brought in by the US Department of Defense:”The\nEmbassy further proposes that U.S. contractors shall not be liable to pay any\ntax or similar charge assessed within Sri Lanka in connection with activities\nunder this Agreement and that such contractors may import into, export out of,\nand use in Sri Lanka any personal property, equipment, supplies, materiel,\ntechnology, training, or services in fulfillment of contracts with the U.S. Department\nof Defense in connection with activities under this Agreement. Such\nimportation, exportation, and use shall be exempt from any license, other\nrestrictions, customs duties, taxes, or any other charges assessed within Sri\nLanka.””The Embassy proposes that U.S. contractors shall be granted\nthe same treatment as U.S. personnel with respect to professional and drivers\u2019\nlicenses.”<\/p>\n\n\n\n

“Sri Lankan authorities shall accept as valid, without a\ndriving test or fee, driving licenses or permits issued by the appropriate U.S.\nauthorities to U.S. contractors of the operation of vehicles.”The US\nembassy has repeatedly asserted that the US has \u2018no plans to establish a\nmilitary base\u2019 in Sri Lanka. But then, in recent times that\u2019s not the approach\nused by the superpower in extending its military footprint. Nowadays the US\ngets its \u2018partners and allies\u2019 to share part of the burden of meeting shared\ngoals. The US\u2019s mantra of a \u2018free and open Indo Pacific\u2019 illustrates the\nstrategy, with Japan, India and Australia asked to join in pushing back against\nChina\u2019s growing maritime power. Meanwhile the US finds it useful (and\neconomical) to negotiate bilateral agreements with individual strategically\nlocated states, concluded Lasanda.. <\/p>\n\n\n\n

APPENDIX.<\/strong><\/p>\n\n\n\n

 FULL TEXT  \nOF DRAFT STATUS OF FORCES AGREEMENT (SOFA) <\/strong><\/p>\n\n\n\n

Here is the\nfull text of the draft Status of Forces Agreement (SOFA) dated 28TH August\n2018, <\/strong>which the Government of Sri Lanka is negotiating with the United\nStates. (Sunday Times 30.6.19)  <\/p>\n\n\n\n

 (1)<\/strong>  \nThe Embassy of the United States of America presents its compliments to the\nMinistry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka\nand has the honour to refer to recent discussions between representatives of\nour two Governments regarding issues related to United States (U.S) military\nand civilian personnel identified as members of the U.S Department of Defence,\nrespectively, hereafter referred to collectively as U.S. personnel) and U.S.\ncontractors (defined as non-Sri Lankan companies and firms, and their employees\nwho are not nationals of Sri Lanka, under contract to the U.S. Department of\nDefence who may be temporarily present in Sri Lanka in connection with ship\nvisits, training, exercises, humanitarian activities, and other activities\nmutually agreed. Companies and firms, and their employees, not under contract\nwith the U.S. Department of Defence shall not receive any privileges and exempt\nunder this Agreement.<\/p>\n\n\n\n

(2)<\/strong>  \nAs a result of these discussions, the Embassy proposes that U.S. personnel be\naccorded the privileges, exemptions, and immunities equivalent to those\naccorded to the administrative and technical staff of a diplomatic mission\nunder the Vienna Convention on Diplomatic Relations of April 18, 1961, that\nU.S. personnel may enter and exit Sri Lanka with U.S. identification and with\ncollective movement or individual travel orders; that Sri Lanka shall accept as\nvalid all professional licenses issued by United States, its political\nsubdivisions, or States thereof to U.S. Personnel for the provision of services\nto authorized personnel, and that Sri Lankan authorities shall accept as valid,\nwithout a driving test or fee, driving licenses or permits issued by the\nappropriate U.S. authorities to U.S. Personnel for the operation of vehicles.\nThe Embassy further proposes that the U.S. personnel be authorized to wear\nuniforms while performing official duties and to carry arms while on duty if\nauthorized to do so by their orders.<\/p>\n\n\n\n

(3)  \n<\/strong>The Government of Sri Lanka recognizes the particular importance\nof disciplinary control by U.S. Armed Forces authorities\nover U.S. personnel and, therefore, authorizes the Government of the United\nStates to exercise criminal jurisdiction over U.S. personnel while in Sri\nLanka.<\/strong><\/p>\n\n\n\n

(4)<\/strong>  \nThe Embassy further proposes that the U.S. Department of Defence and U.S.\npersonnel shall not be liable to pay any tax or\nsimilar charge assessed within Sri Lanka.<\/strong> The\nGovernment of the United States of America and Sri Lanka shall co-operate to\ntake such measures as may be necessary to ensure the security and protection of\nU.S. personnel property, equipment, records, and official information in Sri\nLanka. Such importation, exportation, and use shall be\nexempt from any inspection, license, other restrictions, customs duties, taxes\nor any other changes assessed within Sri Lanka.<\/strong> The\nGovernments of the United States of America and Sri Lanka shall co\u2014operate to\ntake such measures as may be necessary to ensure the security and protection of\nUS personnel, property, equipment, records, and official information in Sri\nLanka.<\/p>\n\n\n\n

(5)<\/strong>  \nThe Embassy proposes that vessels and vehicles operated by or, at the time,\nexclusively for the US. Department of Defence may either, exit, and move freely\nwithin the territory of Sri Lanka, and that such\nvehicles (whether self-propelled or towed) shall be exempt from payment of\noverland transit tolls. Vessels and aircraft owned or operated by or, at the\ntime, exclusively for the U.S. Department of Defence shall not be subject to\nthe payment of landing fees, or port fees, pilotage charges, lighterage, and\nharbor dues at facilities owned and operated by the <\/strong>Government of\nSri Lanka. Aircraft owned and operated by or, at the time, exclusively for the\nU.S. Department of Defence shall not be subject to the payment of navigation,\noverflight, terminal or similar charges when in the territory of Sri Lanka. The\nU.S. Department of Defence shall pay reasonable charges for services requested\nand received at rates no less favorable than those paid by the Armed Forces of\nSri Lanka. Aircraft and vessels of the U.S. Government shall be free from\nboarding and inspection.<\/p>\n\n\n\n

(6)<\/strong>  \nThe Embassy also proposes that the U.S. Department of Defence may contract for\nany material, supplies, equipment, and services (including construction) to be\nfurnished or undertaken in Sri Lanka without restriction as to choose of\ncontractor, supplier, or person who provides such material and supplies,\nequipment or services. Such contracts shall be solicited, awarded and\nadministered in accordance with the laws and regulations of the Government of\nthe United States of America. Acquisition of articles and services in Sri Lanka\nby or on behalf of the U.S. Department of Defence in connection with activities\nunder this Agreement shall not be subject to any taxes<\/strong> or similar\ncharges in
\nSri Lanka.<\/p>\n\n\n\n

(7)<\/strong>  \nThe Embassy further proposes that U.S. contractors shall not be liable to pay\nany tax or similar charge assessed within Sri Lanka in connection with\nactivities under this Agreement and that such contractors may import into,\nexport out of, and use Sri Lanka any personal property, equipment, supplies,\nmaterial, technology training, or services in the fulfillment of contracts with\nthe U.S. Department of Defence in connection with activities under this\nAgreement. Such important, exportation, and use shall be exempt from any licence, or\nother restrictions, customs duties, taxes, or any other charges assessed within\nSri Lanka.<\/strong><\/p>\n\n\n\n

(8)<\/strong>   The Embassy\nproposes that U.S. contractors shall be granted the same treatment as U.S.\npersonnel with respect to professional and driver\u2019s licences. <\/strong><\/p>\n\n\n\n

(9)  \n<\/strong>The Embassy proposes that U.S. personnel shall have freedom of\nmovement and access to and use of mutually agreed transportation, storage,\ntraining, and other facilities required in connection with activities under\nthis Agreement.<\/p>\n\n\n\n

(10)<\/strong> The\nGovernment of Sri Lanka recognizes that it may be necessary for the U.S. Armed\nForces to use the radio spectrum.<\/strong> The US\nDepartment of Defence shall be allowed to operate its own telecommunication\nsystems (as telecommunication is defined in the 1992 Constitution and\nConvention of the International Telecommunication Union). This shall include\nthe right to utilize such means and services as required to ensure full ability\nto operate telecommunication systems. Use of the\nradio spectrum shall be free of cost to the U.S. Government. <\/strong><\/p>\n\n\n\n

(11)<\/strong> The Embassy\nproposes that the parties waive any and all claims (other than contractual\nclaims) against each other for damages to, loss of, or destruction of the\nother\u2019s property or injury or death to personnel of either Party\u2019s armed forces\nor their civilian personnel arising out of the performance of their official\nduties in connection with activities under this Agreement. Claims by third\nparties for damages or loss caused by U.S. personnel shall be resolved by the\nU.S. Government in accordance with U.S. laws and regulations.<\/p>\n\n\n\n

(12)<\/strong> Further, the\nEmbassy proposes that this Agreement, upon its entry into force, shall\nsupersede the Agreement regarding the status of U.S. military personnel and\ncivilian employees of the Department of Defence who may be present in Sri Lanka\nfor exercises or other official duties, effected by exchange of notes at\nColombo, February 9 and May 16, 1995, which entered into force May 16, 1995.<\/p>\n\n\n\n

(13)<\/strong> Finally, the\nEmbassy proposes further that our two governments, or their designated\nrepresentatives, may enter into implementing arrangements to carry out the\nprovisions of this Agreement.<\/p>\n\n\n\n

(14)<\/strong> If the\nforegoing is acceptable to the Government of the Democratic Socialist Republic\nof Sri Lanka, the Embassy proposes that this note, together with the Ministry\u2019s\nreply to that effect, shall constitute an agreement between the two\nGovernments, which shall enter into force on the date of the Ministry\u2019s reply.<\/p>\n\n\n\n

(15)<\/strong>        \nThe Embassy of the United States of America avails itself of this opportunity\nto renew to the Ministry of Foreign Affairs of the Democratic Socialist\nRepublic of Sri Lanka the assurance of its highest consideration. (END OF DRAFT\nAGREEMENT.)<\/p>\n\n\n\n

CLAUSES\nEXPLAINED.<\/strong><\/p>\n\n\n\n

Sunday Times thereafter explained the clauses saying, the public\ncan now decide whether the SOFA is harmless\u201d or inimical to the national\ninterests of Sri Lanka.   A number of\nthese demands would impinge on Sri Lanka\u2019s sovereignty, Sunday Times   said.<\/p>\n\n\n\n

  • United States personnel (troops,\n contractors etc) be accorded the privileges, exemptions and immunities\n equivalent to those accorded to the administrative and technical staff of\n the US Embassy. They may enter and leave Sri Lanka with US identification\n individually or collectively. (Note: This means they could enter Sri\n Lanka without Passports or Visas)<\/em><\/li>
  •  Sri Lanka shall accept,\nwithout a driving test or fee, driving licences or permits issued by the\nappropriate US authorities to US personnel. US personnel be authorised to wear\nuniforms whilst performing official duties and carry arms while on duty.<\/li><\/ul>\n\n\n\n
    • Disciplinary control by US Armed Forces\n authorities over US personnel and, therefore, the Government of the United\n States to exercise criminal jurisdiction over US personnel whilst in Sri\n Lanka. (Note: This clearly means Sri Lankan laws do not apply to them.)<\/em><\/li>
    • US personnel not be liable to pay tax or\n similar charge assessed within Sri Lanka. The Government of the United\n States of America and Sri Lanka shall co-operate to take measures to\n protect US personnel property, equipment, records, and official\n information in Sri Lanka. (Note: They want the Government to protect\n their assets free of charge)<\/em><\/li>
    • Vessels and vehicles operated by or, at\n the time, exclusively for the US Department of Defence may either, exit\n and move freely within the territory of Sri Lanka. Such vehicles shall be\n exempt from payment of overland transit tolls. Vessels and aircraft owned\n or operated by or, at the time, exclusively for the US Department of\n Defence shall not be subject to payment of navigation, overflight,\n terminal or similar charges when in the territory of Sri Lanka. The US\n shall pay reasonable rates for services requested and received at no less\n favourable than those paid by the Armed Forces of Sri Lanka. Aircraft and\n vessels of the US Government shall be free from boarding and inspection. (Note:\n This is a blatant infringement of the sovereign right of a nation)<\/em><\/li>
    • The US Department of Defence may contract\n for any material, supplies, equipment and services (including\n construction) to be furnished or undertaken and shall not be subject to\n any local taxes. (Note: Makes clear that construction work would be\n required in Sri Lanka. What do they propose to construct?)<\/em><\/li>
    • US contractors will not be liable to pay\n any tax or similar charges. Property, equipment, supplies, material,\n technology training, or services in the fulfillment of contracts with the\n Department of Defence and use shall be exempt from any licence, or other\n restrictions, customs duties, taxes or any other charges assessed within\n Sri Lanka. (Note: This again is a blatant infringement of the sovereign\n right of a nation to impose taxes and ensure their rules are followed)<\/em><\/li>
    • The Government of Sri Lanka recognises\n that it may be necessary for the US Armed Forces to use the radio\n spectrum. The Department of Defence shall be allowed to operate its own\n telecommunication systems. This shall include the right to utilise such\n means and services as required to ensure full ability to operate\n telecommunication systems. Use of the radio spectrum shall be free of cost\n to the US Government. (Note: This simply means they will have their own\n radio communications network parallel to those used by the Army, Navy, Police\n and the Coast Guard)<\/em><\/li>
    • Waive any claims (other than contractual\n claims) against each other \u2013 and  damage or loss shall be resolved by\n the US Government in accordance with US laws and regulations. (Note:\n This is also an infringement of Sri Lanka\u2019s sovereignty. Sri Lanka\u2019s laws\n will not apply to US troops and those associated with them. For the troops\n and others, it would be just as good as moving around in any part of the\n United States)<\/em> <\/li>
    • The US is seeking that aircraft and vessels of the US Government to\nbe free from boarding and inspection. This means none of the state security\narms, like the Navy, Coast Guard or the Customs can board any US military\nvessel or aircraft when it is in a Sri Lankan airport or sea port \u2014 or even\nvehicles on land and helicopters, an internationally accepted sovereign right\nof a country. <\/li>
    • The US is also seeking authorisation for its troops to wear\nuniforms whilst on duty\u201d in any part of Sri Lanka, carrying arms and radio\ncommunications equipment. (Both in terms of the Sri Lanka Constitution\nand normal laws, only the armed forces and the Police are empowered to carry\nout this task. The only exceptions are Sri Lankans who are authorised by\nlicence)<\/em><\/li>
    • The US wants exemption from licence, Customs duties, taxes and any\nother charges within Sri Lanka. <\/li>
    • Washington wants US troops and contractors to be allowed to enter\nand leave Sri Lanka, individually or collectively, with the use of only their\nUS identification. This will mean they will carry no passports or visas.<\/li>
    • 3 party claims by us, only under US\nLaw. They  run over one of us,  and kills, it will be under US law.<\/li>
    • they can do anything to our forces,\nour army can be killed. our movements can be restricted.  ( CONTINUED)<\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"

      KAMALIKA PIERIS STATUS OF FORCES AGREEMENT (SOFA) US and Sri Lanka had  an agreement  in 1995, by exchange of diplomatic notes, regarding the status of US military personnel and civilian employees of the Department of Defence  who may be present in Sri Lanka for exercises or official duties. The SOFA currently under negotiation seeks to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-108627","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/108627","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=108627"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/108627\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=108627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=108627"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=108627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}