{"id":89439,"date":"2019-05-28T11:35:13","date_gmt":"2019-05-28T17:35:13","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=89439"},"modified":"2019-05-28T13:44:08","modified_gmt":"2019-05-28T20:44:08","slug":"mcc-or-foreigners-cannot-be-given-sri-lankas-land-without-rule-of-law-laid-down-by-sri-lankas-supreme-court","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/05\/28\/mcc-or-foreigners-cannot-be-given-sri-lankas-land-without-rule-of-law-laid-down-by-sri-lankas-supreme-court\/","title":{"rendered":"MCC or foreigners cannot be given Sri Lanka\u2019s land without rule of law laid down by Sri Lanka\u2019s Supreme Court"},"content":{"rendered":"\n

Sri Lanka\u2019s sovereignty & territorial integrity is being questioned by a secretive deal between US & the Ranil Wickremasinghe Government pertaining to the Millennium Challenge Corporation & an \u2018economic corridor\u201d that will create a railway line from Colombo to Trincomalee leasing 1.2m acres of land for 200years.<\/strong> This agreement is taking place together with a series of drastic legislative changes that include privatizing of all state land and the ability of foreigners to buy an unlimited number of land in Sri Lanka.<\/strong> All this does not spell anything good for the nation or its citizens & calls to mind the landmark Eppawela phosphate judgement which set a judicial precedence by Sri Lanka\u2019s Supreme Court nullifying the project<\/strong> (SC (FR) Application No. 884\/1999). The judgment by Justice Amarasinghe highlighted how erudite & patriotic judges saved Sri Lanka\u2019s land that was historically & archaeologically important Cultural Triangle, Sri Maha Bodhiya, Ruwaweli Seya, Jaya Ganga and Yoda Ela.<\/strong> This same land area & beyond is covered by the MCC proposal but the 2000 judicial precedence is more than enough for erudite lawyers to come forward & nullify this detrimental project<\/strong> along the same legal arguments that resulted in the landmark judgment – that land usage is subject to  the rule of law laid down by the history of our country. The Eppawela judgement \u2013 the Supreme Court saved Ruvanvelisaya, Sri Mahabodhi  Yoda Ela Jaya Ganga and all archaeological sites of Annuradhapura and the same judicial precedence remains applicable to MCC deal as well. <\/strong><\/p>\n\n\n\n

<\/p>\n\n\n\n

What is Millennium Challenge Corporation?<\/strong><\/p>\n\n\n\n

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The MCC has approval of both Republicans & Democrats and is\nfunded by the US govt to compliment what the CIA, NED (National Endowment for\nDemocracy) and USAID do. <\/strong>MCC head is the US Secretary of State<\/strong> while other Board Members include US\nSecretary of the Treasury (MCC Vice Chairman), US Trade Representative,\nAdministrator of USAID, CEO of MCC & 4 private sector members appointed by\nUS President on advice & consent of US Senate. <\/p>\n\n\n\n

In short the plan is to turn Sri Lanka into another colony, an American military base in the Indian Ocean (now called the Indo-Pacific Ocean)<\/strong><\/p>\n\n\n\n

What\nis this MCC Economic Corridor\u201d & Electrified Railway Line\u201d<\/strong><\/p>\n\n\n\n

200miles long\nstretch of land from Colombo to Trincomalee via Dambulla comprising 1.2m acres\nof mineral-rich & ancient heritage lands. The lease is to be Rs.24 per\nmonth per acre (USD400m). <\/strong><\/p>\n\n\n\n

Whose law will apply\nin this \u2018corridor\u2019<\/strong> not Sri Lankan law but American law for the next 200 years.<\/strong><\/p>\n\n\n\n

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The corridor will automatically divide North & South and take part of Anuradhapura and Kurunegala into the North. <\/strong><\/p>\n\n\n\n

Japan<\/strong> (referred to by the\nUS think tank Council of Foreign Relations as The anchor of the U.S. security\nalliance in Asia\u201d is chipping in by sponsoring 2 electric fences from Colombo to Trincomalee\nto create the world\u2019s 1st<\/sup> electric border wall.<\/strong> It will\nbe an electric Berlin Wall. People will need passes or passports to travel! Is\nthis what TNA & Wigneswaran and Tamils want \u2013 will they be happy now? Now\nit becomes easier to understand the hysteria to remove the military from the\nNorth including all army camps! An island that was never invaded but traitors handed\nto the enemy each time is being repeated for the 4th<\/sup> time by\nRanil-Sirisena Government. The wall is similar to the demilitarized zone\nseparating North Korea from South Korea.<\/p>\n\n\n\n

The October \u2018coup\u2019 when President Sirisena\nunceremoniously sacked PM Ranil declared on 28 October 2018 that he did so to\nprevent the PM from passing the \u2018State Land Bank\u2019 Bill and the \u2018Land (Special\nProvisions\u2019) Bill which had been presented to the Cabinet. The MCC project was\nstalled. <\/p>\n\n\n\n

One day when this govt is no more we will know\nthe illegal Bills that have been passed via the Speaker who should be ashamed\nof his conduct as Speaker. There has been silence from President Sirisena\nsince. Has he caved in and consented? <\/p>\n\n\n\n

Sri Lanka\u2019s Attorney\nGeneral is tasked to only look into the Constitutionality of what is submitted\nto him.<\/strong><\/p>\n\n\n\n

Sri Lanka\u2019s Legal\nDraftsman is only tasked to word it in the necessary legal language. <\/strong><\/p>\n\n\n\n

Neither\nlooks into the judicial precedence for such Bills.<\/strong> <\/p>\n\n\n\n

Does anyone look into case law or\njudicial precedence before signing such dangerous Bill \u2013 NO.<\/strong> Which is why the MCC proposal which is going\nas a \u2018compact\u2019 agreement is in reality Sri Lanka agreeing to carry out all that\nthe US wants Sri Lanka to do on behalf of the US <\/p>\n\n\n\n

What\nare the Statutes being changed to facilitate this by the Ranil-Sirisena govt?<\/strong><\/p>\n\n\n\n

State\nLand Bank Bill<\/strong> \u2013 will register all State lands & powers to a Land Reform\nCommission and enable public institutions to lease lands by repealing Part 4 \u2013\n6 of the Land Reform Act No 1 of 1972 (removes foreign ownership limit of\n50acres).   <\/p>\n\n\n\n

Land\n(Special Provisions) Bill<\/strong> \u2013 Grants title deed to Sri Lankan citizens on\n\u2018Government Grant\u2019 and allow them to mortgage their land to banks and banks are\nallowed to sell of such State lands to private individuals including\nforeigners. This Act is to be operational for only 7 years which means they\ntarget to acquire all lands under \u2018government grant\u2019 into foreign ownership.\nThis fits perfectly into the vision to put farmers into jeans. At the end of 7\nyears Sri Lanka will have no agricultural lands for self-sustenance. <\/p>\n\n\n\n

Land laws are being\nchanged \u2013 foreigners can now own land more than the limit of 50acres. <\/strong><\/p>\n\n\n\n

80% of Sri Lanka\u2019s\nland being state owned is being privatized. <\/strong><\/p>\n\n\n\n

Land deeds are given wholesale so that when\nland privatization bill passes, people will automatically sell land when facing\neconomic hardships. <\/p>\n\n\n\n

MCC officials (repeat MCC officials working\nwith the Global Land Alliance helped by Rangajeewa Ratnayake of University of\nMoratuwa and Suresh Shanaka) are drafting all new land laws to facilitate\nAmerica\u2019s wishes. <\/p>\n\n\n\n

Sri Lanka is being slowly turned into a\nUS-colony\u2013 MCC, SOFA, Acquisition & Cross Service Agreement, privatizing\nland, US company surveying land & creating electronic database of who owns\nwhat and free lands, US surveying of Sri Lanka\u2019s hidden mineral and other\nresources, US troop presence in Sri Lanka with permission to land anything\nwithout civil aviation, police, army inspection. The US ship floating in the\nEast and Repealing of PTA replaced with a CTA which is more about imprisoning\nanyone going against Ranil Govt. Islamic terror is US\u2019s best friend to land\n& occupy nations, is it a surprise that 21\/4 took place on Easter Sunday\nwhere world Catholics would insist US eliminate Islamic terrorists personally.\nIs it a surprise that FBI, UK Metropolitan police are in Sri Lanka? Did they\ncome throughout 30 years of LTTE (ironically Church helped LTTE) Islamic terror\n& Islamization keep the country busy & diverted with Islamic\nfundamentalism supplied by US\u2019s top ally in the Middle East. An international\nairport in Polonnaruwa now makes sense! <\/p>\n\n\n\n

What can Sri Lanka\ndo to preserve its sovereignty, its territorial integrity & heritage do?<\/strong><\/p>\n\n\n\n

The \u2018economic corridor\u2019 has conveniently\nincluded the \u2018Eppawela\u2019 phosphate which another US company tried to take over\nsince 1980s. This area the US has been eyeing contains ilmenite, thorium,\nmonazite, rare earth metals cerium and lanthanum. (Imagine Ranil-Sirisena\nagreeing to give this to US for Rs.24 per month for 200 years) <\/p>\n\n\n\n

The venture was prevented by a landmark Supreme Court judgement.<\/p>\n\n\n\n

Justice Amerasinghe, Justice\nWadugodapitiya & Justice Gunasekera <\/strong><\/p>\n\n\n\n

Justice Amerasinghe, Justice Wadugodapitiya & Justice Gunasekera <\/strong><\/p>\n\n\n\n

UNANIMOUS Judgement delivered on 2 June\n2000 by Justice A R B Amerasinghe<\/strong><\/p>\n\n\n\n

Landmark\nEppawela Phosphate case – SC (FR) Application No. 884\/1999 \/ Bulankulama v\nMinistry of Industrial Development<\/strong><\/p>\n\n\n\n

A 1992 proposal under then UNP govt after\nyears of negotiations resulted in a $425m phosphate mining contract given in\n1997 to 2 foreign companies for 30 years. Tomen Corporation Japan & US\ncompany Freeport McMoran via partner IMC Agrico (who would be signatory while\nFreeport negotiates terms). IMC Agrico was to have 65% holding, Tomen 25% and\nSri Lanka (LPL) just 10% holding interest. The\ndeal included a processing plan, deep water dock at Trincomalee linked to\nEppawela via a specially built railway line. <\/strong><\/p>\n\n\n\n

The\nplant was to be built on 450 acres of land in 3 years with an extra 300 acres\nof beach front kept in reserve. The plant would produce up to 600,000 metric\ntons of hi-grade Di-Ammonium Phosphate.<\/p>\n\n\n\n

LPL was\nto transfer its license under Mines & Minerals Act 33 of 1992 to company \u2018Sarabhumi\u2019\nand McMoran was to operate under this license though not signatory to the\nventure and thus not liable for anything legally. McMoran was well known for\ncorruption and environmental & human rights abuses in other countries. Why\nwas McMoran given approval to export 13.6m tonnes of raw rock phosphate during\nfirst 8years earning $400m & paying Sri Lanka just 5% of earnings? <\/p>\n\n\n\n

The 7\npetitioners who filed FR in 1999 argued that the Eppawela deposit area was\nagricultural land, it was of historical & archaeological value, Jaya\nGanga\/Yoda Ela schemes were national engineering marvels to be preserved, over\n20 new & ancient irrigation tanks & 100km of small irrigation canals were\nin danger of being destroyed, environmental pollution of land would breed\nmosquitos & other diseases.<\/p>\n\n\n\n

Public\nTrust Doctrine<\/strong><\/p>\n\n\n\n

The counsel for the Government claimed that\nthe Government & not the Court is the \u2018trustee\u2019 of natural resources of Sri\nLanka. The Court issued a brilliant reprisal by claiming that all organs of the\nstate are only \u2018guardians\u2019 to whom the People have committed the care and\npreservation of the resources on behalf of the People and is clearly set out in\nthe Constitution.<\/p>\n\n\n\n

Thus as per public trust doctrine, natural\nresources of the people were held only in Trust by the government. The organs\nof the state are only guardians expected to preserve and take care of the\nresources on behalf of the People. <\/p>\n\n\n\n

While the State may have right to \u2018exploit\u2019\nthe resources, the State is bound to protect the environment. While the State\nhave power to make decisions & approve projects, the proposed agreements\ncannot evade or adjust laws in biased manner. The Eppawela Phosphate venture\nwas seen to be given with bias no different to the MCC deal. In both cases the\nPublic had been ousted from involvement and thus an infringement of fundamental\nrights under Article 12(1) of Sri Lanka\u2019s Constitution. <\/p>\n\n\n\n

Justice Amarasinghe declared that as per\nArticle 126 of the Constitution the Supreme Court had sole & exclusive\njurisdiction to hear & determine any question related to the infringement\nor imminent infringement by Executive or Legislative action of the People\u2019s\nfundamental right. <\/p>\n\n\n\n

The landmark judgement quoted sustainable\ndevelopment referring to the Stockholm & Rio De Janeiro Declarations. <\/p>\n\n\n\n

The judgement quoted\nthe Mahavamsa to highlight the importance of a country\u2019s natural resources<\/p>\n\n\n\n

 the\nking thus addressed his officers. In my Kingdom are many paddy fields\ncultivated by means of rain water, but few indeed are those which are\ncultivated by perennial streams and great tanks. By rocks, and by many thick\nforests, by grate marshes is the land covered. In such a country, let not even a small quantity of water\nobtained by rain, go to the sea, without benefitting man<\/strong>. Paddy fields should be formed in every\nplace, excluding those only that produce gems, gold, and other precious things.\n<\/strong>It does not become persons in our situation to live enjoying our own ease,\nand unmindful of the people \u2026.. <\/em><\/p>\n\n\n\n

He\nquoted, the Vice President of the ICC Judge C G Weeramantry in a 1997 Danube\nCase (Hungary vs Slovakia) referred to the ancient irrigation works of Sri\nLanka too<\/p>\n\n\n\n

Just as development was the aim of\nthis system, it was accompanied by a systematic philosophy of conservation\ndating back to at least the third century B.C. The ancient chronicles record\nthat when the King (Devanampiya Tissa) 247-207 B.C. was on a hunting trip\n(around 223 B.C.) the Arahat Mahinda, son of the Emperor Asoka of India,\npreached to him a sermon which converted the King. <\/em><\/p>\n\n\n\n

Here are excerpts from that sermon: O great King, the birds of the air and the\nbeasts have as equal a right to live and move about in any part of the land as\nthou. The land belongs to the people and all living beings; thou art only the\nguardian of it \u2026.\u201d<\/strong> <\/em><\/p>\n\n\n\n

Judge\nWeeramantry referred to the \u2018imperative of balancing the needs of the\npresent generation with those of posterity\u201d. <\/em><\/strong>He referred to the irrigation works of ancient Sri Lanka,\nthe philosophy behind not permitting even a drop of water to flow into the sea\nwithout benefitting mankind<\/strong> and pointed out that sustainable development\nhappened because of such conscious practice. <\/p>\n\n\n\n

Judge\nWeeramantry said The notion of not causing harm to others and hence sic utere tuo ut\nalienum non laedas was a central notion of Buddhism. It translated well into\nenvironmental attitudes. Alienum\u2019 in this context would be extended by\nBuddhism to future generations as well, and to other component elements of the\nnatural order beyond man himself, for the Buddhist concept of duty had an\nenormously long reach\u201d.<\/em><\/strong><\/p>\n\n\n\n

Judge\nAmarasinghe citing dilemmas in development vs environment returns to King\nDevanampiyatissa to stress that the leaders are only the \u2018guardians\u2019 and not\nthe \u2018owners\u2019 and explained that the task of the law is to convert this wisdom\ninto practice by laws.<\/p>\n\n\n\n

Article\n27(14) states the State shall protect, preserve and improve the environment\nfor the benefit of the community\u201d<\/p>\n\n\n\n

Equal\nprotection under law as per Article 12 makes duties inseparable from\nobligations. It is the duty of every person to protect nature & conserve\nit.<\/p>\n\n\n\n

The\nissue is not whether the Court or the Government is the trustee or whether\nthere is a breach of trust but whether the rights of the petitioners guaranteed\nby Articles 12(1), 14(1) (g) and 14(1) (h) of the Constitution have been\nviolated. <\/p>\n\n\n\n

Judge Amarasinghe says that the human development paradigm needs\nto be placed within the context to ensure future sustainability of the mineral\nresources, water & soil conservation ecosystems of the Eppawela region\n& the North Central Province & Sri Lanka in general & cultural\nheritage. <\/p>\n\n\n\n

Judge Amerasinghe says decisions must safeguard the health &\nsafety of people.<\/p>\n\n\n\n

With the judgement Eppawela investment proposal did not go through.<\/strong><\/p>\n\n\n\n

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<\/strong><\/p>\n\n\n\n

The\nJudgement & Judicial Precedence relevant to MCC<\/strong><\/p>\n\n\n\n

Sri Lanka\u2019s Supreme Court held that an\nimminent infringement of fundamental rights of the Petitioners as guaranteed\nunder Articles 12(1), 14(1)(g) and 14(1)(h) of the Constitution had taken place\n& ordered the State parties to refrain from entering into any contract\nuntil they had carried out a comprehensive exploration & study of the\nlocation, quantity & quality of the phosphate deposit in consultation with\nthe National Academy of Science & National Science Foundation &\napprovals are sought from the Central Environmental Authority. <\/p>\n\n\n\n

Every argument & every word in the\nEppawela Phosphate judgement is applicable to the Millennium Challenge\nCorporation. Thus the judicial precedence set in this landmark case cannot be\nignored simply by saying that AG or legal draftsmen has approved the proposal\nbecause neither of them have the mandate to look into judicial precedence &\nrule of law set for land in carrying out the job handed to them by the\nlegislative. <\/p>\n\n\n\n

How\ncan national land policy & legislation of land policy be given to\nforeigners?<\/strong><\/p>\n\n\n\n

How can foreign entities dictate how land is\ndisposed or used by a sovereign country? <\/p>\n\n\n\n

How can a government sign agreements to\ndeliver large extents of land to foreigners without any regulations and kept\nsecret from the public (removing the limits that were originally set) <\/p>\n\n\n\n

The constitution clearly establishes that the\nsovereignty is inalienable & with the People not a government elected for a\nterm of office? <\/p>\n\n\n\n

The detrimental nature of these land sales\nand land proposals by the Ranil-W government were highlighted by the President\nhimself addressing the Nation in October 2018. He said that if Land Special Act\nis passed lands of this motherland would be bought outright by foreigners. This\nwas confirmed by Minister Mangala Samaraweera following the Easter Sunday\nattack when he said MCC will take over land administration process in 8\ndistricts, upgrading 10 land registries, prepare Parcel Fabric Map of all state\nand private land to facilitate activities of the Survey Dept (A US company has\nbeen contracted to survey our land \u2013 it\u2019s like giving the rogue to decide where\n& what to steal)<\/p>\n\n\n\n

The MCC proposal is taking shape following a\nseries of sinister procedures & unethical practices. National land policy\n& land laws are being introduced by foreign funding organizations. The land\npolicy emerging is based on acceptance of externally imposed plans by donors of\nwhich MCC is one.<\/p>\n\n\n\n

Justice Amerasinghe\u2019s judgement draws\nmany barriers for a government greedy to sell anything and everything before\nfacing an election defeat.<\/strong>\n<\/p>\n\n\n\n

This judgement should be unearthed by Sri Lanka\u2019s Bar Association & patriotic lawyers need to use these citations to stop the Millennium Challenge Corporation & its economic corridor that is ceding Sri Lanka\u2019s sovereignty. No government has any right to give land or resources to another country even in the name of development that will not end up in forsaking our land but divide Sri Lanka into 2 separate entities.<\/p>\n\n\n\n

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The Eppawala case judgement that also highlights a railway track to Trinco aligns with the map surfacing regarding the MCC economic corridor.<\/strong> Is this new proposal a roundabout way to take over the area that was denied via the 2000 Supreme Court judgement? Where are the lawyers? Why are they not putting two and two together?<\/p>\n\n\n\n

<\/p>\n\n\n\n

Shenali\nD Waduge<\/strong><\/p>\n\n\n\n

\n
Rise-up Sri Lanka Rise-up! Destroy the Enemy as It Pivots-to-Lanka to Build An Electrified Eelam \u2018Border-Wall\u2019 and Make the Island Its Military-Hub in the Indo-Pacific (Part 1)<\/a><\/blockquote>