{"id":90277,"date":"2019-06-12T15:36:46","date_gmt":"2019-06-12T22:36:46","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=90277"},"modified":"2019-06-12T15:36:46","modified_gmt":"2019-06-12T22:36:46","slug":"how-legal-are-agreements-signed-secretly-with-foreign-countries-by-sri-lankas-government","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/06\/12\/how-legal-are-agreements-signed-secretly-with-foreign-countries-by-sri-lankas-government\/","title":{"rendered":"How legal are agreements signed secretly with foreign countries by Sri Lanka\u2019s Government?"},"content":{"rendered":"

Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n\n\n

This\narticle is based on 2 important articles by Mr. Neville Ladduwahetty and Ms. K\nS Gunasekera, a senior attorney at law. While Mr. Ladduwahetty highlights the\nneed for Parliament to approve any agreement with Foreign States or Foreign\nPrivate Parties with a 2\/3 majority while Mrs. Gunasekera highlights the\ndangers of land privatization and computerization with drastic changes to\nexisting customary laws without imputs of the legal fraternity in Sri Lanka who\nare tasked to protect Sri Lanka\u2019s land as well as the rights of the People. It\nis good for all to realize or imagine a future scenario where land &\nresources fall into foreign hands & ask whether politicians, political\nparties, lawyers etc will really be relevant \u2013 will they have a livelihood in time\nto come by the treacheries they are now committing in secret?<\/p>\n\n\n\n

What\nwe gather from these articles and newspaper reports is that the Ranil-Sirisena\nGovernment is <\/p>\n\n\n\n

a)   \nNation\u2019s\nassets are being signed off to foreign countries unlikely to be returned for\n200 years<\/p>\n\n\n\n

b)   \nSigning\nagreements with foreign countries in secret<\/p>\n\n\n\n

c)   \nHanding\nover Ports to foreign countries in secret<\/p>\n\n\n\n

d)   \nSigning to\ncreate a \u2018corridor\u2019 that would divide Sri Lanka by a railway track with an\nelectric fence from Colombo Port to Trinco Port<\/p>\n\n\n\n

e)   \nSecretly\nsigned agreements are a threat to national security <\/p>\n\n\n\n

f)     \nLand laws\nare getting changed by foreigners (western donor nations, NGOs, western\npoliticians with their Sri Lankan lackeys) without any input from Sri Lankan\nlawyers\/academics astute in land laws.<\/p>\n\n\n\n

Sri\nLanka is a sovereign country \u2013 why should we follow foreign laws when we have\nour own indigenous systems that were changed only after 1505? Mrs. Gunasekera\ncites the Title Registration (Bim Saviya Law) which is practiced in prosperous\nnations but was stopped from implementation by Justice A R B Ameresinghe in\n1970s. The World Bank (then called International Bank for Reconstruction &\nDevelopment) wanted to bring the Bim Saviya Law as a means to take over lands\nthat had co-ownership, life interest, access to water through lands, servitude\nclauses (used for agriculture only) etc and such lands were not marketable to\nbe sold so the solution was bim saviya which Justice Ameresinghe objected on\nthe grounds that it prevented a person his fundamental right to access court if\nland was affected by fraud and that the new law repealed co-ownership and\npossessory rights that people enjoyed for centuries. Thankfully, the erudite\nJudge was supported by erudite Minister and officials as well as the Governor\nof the Central Bank. The Governor General in 1969 in his Throne Speech declared\nthat the new legal process by Justice Ameresinghe will apply and not the Title\nRegistration (Bim Saviya) proposed by the World Bank! But the World Bank\nobviously lay in wait and got the then Government to repeal the customary laws\nof Sri Lanka by Act 21 of 1998 & introduce Title Registration. <\/p>\n\n\n\n

Why\ndo Governments just think only of the foreign funds & foreigners who want\nto change our land laws to grab our land and completely ignore the cultural\nheritage and our ancient administrative structures which Mrs. Gunasekera claims\nis the \u2018higher value that lie behind the law\u2019.<\/p>\n\n\n\n

Justice\nA R B Ameresinghe is a Judge all Sri Lankans must salute & honor for his\nlandmark Eppawala Case ruling that set a precedence in law to legally state\nthat the land and resources belonged to the People and the Future People of Sri\nLanka. <\/p>\n\n\n\n

She\nalso raises the dangers of the land privatization act that will amend the Land\nDevelopment Ordinance of 1935 and pave way for foreigners to take full control\nof government lands, she also cites foreign legal minds behind repealing of\nLand Reform Law and creation of a Land Bank and an E-registrar which will make\nit easier for any manipulation electronically too!<\/p>\n\n\n\n

She\nappeals to the younger generation of lawyers to follow the footsteps of erudite\nlawyers of the caliber of Justice Ameresinghe and it is now time that they came\nforward to research and protect the country\u2019s wealth or their relevance will\nalso fade away just as the relevance of politicians when all land &\nresources fall into foreign hands. <\/p>\n\n\n\n

Do\nwe really know what other resources belonging to the People of Sri Lanka that\nGovernments have sold or signed over to foreigners in secret?<\/strong><\/p>\n\n\n\n

Did the voters give a\ngovernment the right to sign national assets in secret? <\/p>\n\n\n\n

The\nvoters gave only a term for a government. A 5 year fixed-term doesn\u2019t allow any\ngovernment to sign off national assets especially in secret and without the\nrest of Parliament even aware of such. <\/p>\n\n\n\n

What\nhas the Constitution assured the People \u2013 why do we have a Government or\nParliament?<\/strong><\/p>\n\n\n\n

If\nthe constitution is not just a decorative item, as per our understanding\nArticle 3 of the Constitution clearly establishes that \u2018sovereignty is in the\nPeople and is inalienable\u2019. It should also imply that everything bestowed in\nthe country \u2013 rivers, ports, harbours, natural assets\/resources also belong to\nthe People. <\/p>\n\n\n\n

Now\nthis key line in Article 3 has to have more importance than lines of any\namendments made over years. <\/p>\n\n\n\n

Therefore,\na Government is only holding powers that the People have outsourced to them by\nArticle 4 for a fixed term and that means anything that the Government signs in\nparticular with foreign parties must be endorsed by the People because any\ncommitments made by the Government & the foreign Government is made in the\nname of the People of Sri Lanka. <\/p>\n\n\n\n

This\nmeans that the President, the Parliament & the Judiciary are all only\noutsourced the task to protect the sovereignty of the People & the land the\nPeople live in. <\/p>\n\n\n\n

None\nof these 3 pillars have any right to clip the powers or transfer the powers of\nthe People to another pillar without asking the people and this is a question\nthat is haunting the People about the 19a which clipped the President\u2019s powers\nwithout asking the people simply relying on an \u2018interpretation\u2019 and ignoring\nthe power in the meaning of Article 3 and devolving of the powers of Article 3\nto Article 4. Can article 4 take stand-alone decisions without seeking\npermission of Article 3? Can Parliament transfer powers of the President to\nitself – NO. Who is more power the Executive or the Parliament? \u2013 the President\nbecause the executive powers of the people are outsourced by the People to the\nPresident and not Parliament. <\/p>\n\n\n\n

However,\nParliament being outsourced the legislative powers of the People requires\ninternational treaties\/agreements to have approvals of both President &\nParliament. <\/p>\n\n\n\n

If\nthe Parliament itself doesn\u2019t know what agreements are being signed it means\nthe small group within the Government pushing these secret agreements are\nviolating the sovereignty of the people. <\/p>\n\n\n\n

We\ncan conclude that these agreements have no legal standing if they are signed in\nsecret. There is an unwritten social contract between the\nExecutive-Legislative-Judiciary with the People of Sri Lanka and all 3 pillars\ncannot ignore this. <\/p>\n\n\n\n

Mr.\nLadduwahetty in his article cites agreements with foreign states must seek\napprovals of Parliament with a 2\/3 majority & quotes Article 157 <\/p>\n\n\n\n

Where Parliament by resolution passed by not less than\ntwo-third of the whole number of Members of Parliament voting in its favour,\napproves as being essential for the development of the national economy, any\nTreaty or Agreement between the Government of Sri Lanka\u2026.\u2019\u2019 <\/em><\/p>\n\n\n\n

Mr. Ladduwahetty include free trade agreements & any other\nwith private entities of foreign states to have full force of Sri Lanka\u2019s law\nso that the sovereignty of Sri Lanka (People & People\u2019s Assets) are\nprotected and not only the interests of the foreign investors! <\/p>\n\n\n\n

Indeed, this is a must in view of Sri Lanka now left with only a\nminimum amount of resources left and if these too are signed off in secret,\nwhere does that leave Sri Lanka & its People? <\/p>\n\n\n\n

Many of those signing these agreements in secret do not think of\nthe long term impact of other resources being sold similarly in secret &\nwonder what would happen to Sri Lanka\u2019s status as a sovereign nation when every\ninch of its assets fall into foreign hands except for the People. <\/p>\n\n\n\n

Mr. Ladduwahetty has commended the Opposition to oppose the\nsecret agreements & propose that Parliament should be involved but the\nOpposition simply cannot just make one statement simply to say it has made a\nstatement against secret agreements \u2013 it must take this to the People and rally\nthe People against it and if signed to nullify it. No government can give land\nthat belongs to the people to a foreign country in secret.  <\/p>\n\n\n\n

What is the future of the People thereafter, when everything\nexcept for the space they live in falls into foreign hands? Have governments\n& officials drafting or agreeing to sign drafts of proposals sent by\nforeign countries thought about this scenario? Can these political parties come\nbefore the people to even contest an election when there is nothing left for\nthem to legislate over on behalf of the People? <\/p>\n\n\n\n

The fears of the consequences of secret agreements covering\nAcquisition & Cross Service Agreement, Status of Forces Agreement,\nMillennium Challenge Corporation Compact Agreement that entails privatizing of\n80% of Sri Lanka\u2019s land\/computerized land bank which will be accessible to\nforeigners to decide what land is for sale & how strategic it is for them\nwill completely eliminate Sri Lanka\u2019s sovereignty. <\/p>\n\n\n\n

Will politicians and political parties be relevant if Sri\nLanka\u2019s ports, harbours, airports, lands all are owned by foreigners? <\/p>\n\n\n\n

We would not need elections if there is nothing for the\nExecutive, Parliament or Judiciary to attend to on behalf of the People. <\/p>\n\n\n\n

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

Sri\nLanka is moving fast to change land laws with foreign advice \u2013 K S Gunsekera<\/em><\/strong><\/p>\n\n\n\n

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Sri Lanka is moving fast to change land laws with foreign advice<\/a><\/blockquote>