{"id":110815,"date":"2021-01-20T23:24:14","date_gmt":"2021-01-21T05:24:14","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=110815"},"modified":"2021-01-19T22:01:53","modified_gmt":"2021-01-20T05:01:53","slug":"the-attorney-generals-department-owes-an-explanation-to-the-gosl-the-public-the-us-government","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/01\/20\/the-attorney-generals-department-owes-an-explanation-to-the-gosl-the-public-the-us-government\/","title":{"rendered":"The Attorney General\u2019s Department owes an explanation to the GoSL \u2013 the Public & the US Government"},"content":{"rendered":"\n
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The Attorney General of Sri Lanka is the Sri Lankan government\u2019s chief legal adviser, TheAttorney General has now declared that the MCC Compact and the Program Implementation Agreement & Articles of Association of MCA are inconsistent with the written laws & the Constitution of Sri Lanka. This is a complete reversal of the AG\u2019s legal opinion given on 10 October 2018 to the MCC Chief Operating Officer which the US Embassy has been using to justify the MCC Compact. This change in stand has severely impacted diplomatic relations, it has unnecessarily caused friction between the People & the US Government and it is seriously questioning the entity tasked with advising the Government. The AG\u2019s department owes an explanation and an apology.<\/p>\n\n\n\n

The Attorney General\u2019s Department has informed the Secretary to the President through a 20paged letter that every document related to the MCC agreement with Sri Lanka is inconsistent and there are legal impediments to its implementation.\u00a0http:\/\/adaderana.lk\/news\/70874\/ag-finds-mcc-compact-inconsistent-with-the-constitution<\/a><\/p>\n\n\n\n

\nhttp:\/\/adaderana.lk\/news\/70874\/ag-finds-mcc-compact-inconsistent-with-the-constitution\n<\/div><\/figure>\n\n\n\n

So in 2021 the AG\u2019s department says the MCC is inconsistent with the Constitution & written laws. But the same AG\u2019s department on 10 October 2018 in a letter to COO, MCC \u2013 Jonathan Nash said that the MCC does not violate any law in Sri Lanka.<\/p>\n\n\n\n

https:\/\/theleader.lk\/news\/3863-the-mcc-agreement-does-not-violate-any-law-in-sri-lanka-a-certificate-from-the-attorney-general<\/a><\/p>\n\n\n\n

https:\/\/www.shenaliwaduge.com\/wp-content\/uploads\/2021\/01\/Attorney-General-Opinion_10_10_18-1.pdf<\/a><\/p>\n\n\n\n

Here are some excerpts of this letter to the MCC, Chief Operating Officer<\/p>\n\n\n\n

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It is as a result of this official clearance\u201d by the Attorney General in 2018 that the US Embassy, the US ambassador insisted that the MCC Compact was legal and Sri Lanka was making a fuss over nothing. <\/strong><\/p>\n\n\n\n

In fact, the Sri Lanka Treasury carried the Attorney General\u2019s legal opinion which the US Embassy linked to its website to showcase that their Compact was afterall legal.<\/p>\n\n\n\n

http:\/\/treasury.gov.lk\/article\/-\/article-viewer-portlet\/render\/view\/mcc-agreement-drafted-with-the-consent-of-ag<\/a>\u2013 MCC Agreement drafted with the consent of the AG (this is no longer available on the Treasury website)<\/p>\n\n\n\n

\nhttps:\/\/lk.usembassy.gov\/mcc-fact-sheets_\/\n<\/div><\/figure>\n\n\n\n

(the US embassy links the SL Treasury document referring to AG\u2019s consent)<\/p>\n\n\n\n

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Of course, many of us who were not legal luminaries but had more common sense, did not accept this version of the Attorney General and we highlighted areas that were not compatible with the constitution which led to successive committees being appointed to review the MCC Agreement. All of these reports in particular the Gunaruwan Committee report clearly showcased violations of the constitution.<\/p>\n\n\n\n

Now, almost 3 years later, the same Attorney General\u2019s dept that issued the green light for the MCC, now says the MCC is unconstitutional. <\/strong><\/p>\n\n\n\n

We must now pause to ask, exactly what the Attorney General\u2019s department are up to.<\/p>\n\n\n\n

We are not questioning whether what the AG\u2019s department said in 2018 was right or wrong or what the AG\u2019s department said in 2021 is right or wrong, but the fact that this key department is the conduit that advises the Government and writes into law what the Government does.<\/p>\n\n\n\n

This one instance resulting in a major faux pas has even led to embarrassing a foreign country and its diplomatic mission and caused friction between it and the People. <\/strong><\/p>\n\n\n\n

This is very unprofessional of the department and they need to offer everyone an explanation.<\/p>\n\n\n\n

Moving forward the same mistakes are continuing. <\/strong><\/p>\n\n\n\n

Presently there are 3 sets of Committees set up to review the laws in the country & make amendments.<\/p>\n\n\n\n

Committee 1<\/strong>\u2013 led by Justice Minister Ali Sabry as Mr L Kiriella MP said  appointed 147 lawyers to various committees to amend laws, amend Notaries Ordinance & Registration of Documents Ordinance. They are still in discussion stage.<\/p>\n\n\n\n

Committee 2<\/strong>\u2013 Government Task Force appointed by the Government for Property Registration comprises Land Commissioner, Land Title Settlement Department, Survey Department & Registrar General Department & ICTC.<\/p>\n\n\n\n

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Land registration goes digital<\/a><\/blockquote>