{"id":91871,"date":"2019-08-01T14:46:43","date_gmt":"2019-08-01T21:46:43","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=91871"},"modified":"2019-09-21T16:10:50","modified_gmt":"2019-09-21T23:10:50","slug":"yahapalana-and-the-united-states-of-america-part-10","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/08\/01\/yahapalana-and-the-united-states-of-america-part-10\/","title":{"rendered":"YAHAPALANA AND THE UNITED STATES OF AMERICA Part 10"},"content":{"rendered":"

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

The final essay in this series\nexamines the   academic and political reactions\nto the three agreements discussed, namely, ACSA, SOFA and MCC. All three\nagreements are with the United States of America and all three Agreements focus\non the territorial and military control of the island. Of the three agreements,\nACSA is already signed. SOFA and Millennium\nChallenge Compact are yet to be signed.  The public, specially the\nintelligentsia are worried.  It looks as\nthough we are about to go into our fourth bout of foreign rule, this time under\nthe United States of America, they said. They do not like the idea at all. <\/p>\n\n\n\n

US control of Sri Lanka has become more urgent\nrecently, since US may have to vacate its military base in Diego Garcia.\nInternational Court of Justice has ruled that the occupation of Chagos Islands\nby USA is illegal and that Chagos must be handed back to Mauritius \u2018as rapidly\nas possible.\u2019 Chagos Islands are home to the strategic US military base of\nDiego Garcia.  If Chargos Islands goes\nback to Mauritius in accordance with the UN ruling then US will need an\nalternative base. That will be Sri Lanka.<\/p>\n\n\n\n

SOFA and MCC are not the only agreements that\nthe US has been pushing to conclude in Sri Lanka, said Lasanda Kurukulasuriya.\nThe country\u2019s pro-US Prime Minister led government is working hard to conclude\nor implement a number of other pieces of legislation and policy at the behest\nof its Western patrons, against all odds. \nThere is a sense of urgency in these efforts, because time is running\nout. With a Presidential election only months away, and the government showing\na dismal report card on its performance, its Western backers know that its days\nare numbered. Therefore the pressure is\nturned up, to fast-track the desired laws and agreements. It is the US-friendly\nUNP leadership that will be instrumental in this process. The public will need\nto be on alert because once these laws are passed there is no possibility of\njudicial review, under the Constitution, warned Lasanda.<\/p>\n\n\n\n

Analysts refer to the high profile agreement between the US and Sri\nLanka Parliament signed in September 2016 in Washington. Speaker Karu\nJayasuriya and Chairman, House Democracy Partnership of the U.S. House of\nRepresentatives J.Roskam signed the agreement on Sept 14, 2016 on behalf of Sri\nLanka and the US, respectively. They say this also has a bearing on the three\nagreements.<\/p>\n\n\n\n

When the three\nagreements were discussed, it was pointed out that ACSA is already signed.\nSri Lanka must now accept this and respect the decision. Sri Lanka has no\nintention of accepting it. The public want ACSA revoked.  US aircraft carrier could to dock into\nTrincomalee under ACSA and USA could use it as a floating base for its military\nactivity, experts said. <\/p>\n\n\n\n

Chief of Defence Staff (CDS) Admiral\nWijegunaratne  when asked by the media,\nabout ACSA, said,  I refused to  say yes to ACSA when I was Commander of the\nNavy, because we could not agree to certain matters.  He had reservations also about the manner in\nwhich the ACSA was rushed through the Cabinet. Most of the time there are no\ntalks or discussions to get ideas of others. They just go for such agreements,\u201d\nhe said.  In addition, critics wanted to\nknow whether in the USA, the ACSA had the consent of two-thirds of the US\nSenate, in accordance with US regulations. \nIf it did not, what would be its status in international law.<\/p>\n\n\n\n

The  intelligentsia are objecting to the manner in\nwhich the agreements are being negotiated. The agreements   are known to one or two pro-American Cabinet\nministers  who then push  the matter through Cabinet. The public  loudly objects to the secrecy involved.  In the case of ACSA, there was no government\nstatement explaining the contents, nor was it tabled in Parliament, they\ncomplained. It is outrageous that plans involving such drastic changes\nare not made available for public debate. The secrecy surrounding them shows\nthat the government knows they will be unpopular, observed Lasanda\nKurukulasuriya.<\/p>\n\n\n\n

Agreements of that nature should be approved\nby Parliament, said critics. Parliament should have a role in discussing such\nagreements because they affect the  sovereignty, independence and territorial\nintegrity of the country.  Were ACSA,\nSOFA and MCC discussed in Cabinet and in Parliament, by the Parliamentary\nSectoral Oversight Committees handling foreign and defense issues. If not, why\nnot.<\/p>\n\n\n\n

OBSERVATIONS OF  N.A.DE S AMARATUNGA<\/strong><\/p>\n\n\n\n

 N.A..de\nS Amaratunga said there is a perceived threat of a major intrusion into the\ncountry’s sovereignty and the country being turned into a military base for the\nUS, as part of its strategy for dominance in the Indian Ocean. Several\nagreements with the US and supportive parliamentary acts are said to be in the\npipeline hidden from the public eye. The proposed agreements are (1) Status of\nForces Agreement, (2) Acquisition and Cross Service Agreement and (3)\nMillennium Challenge Corporation Compact. <\/p>\n\n\n\n

 The first\nwould enable the US to deploy their armed forces in any part of our country\nwith the freedom of not coming under the law of the country. The second\nenvisages the building of an economic corridor from Colombo to Trincomalee and\nthe third agreement would establish a corporation to utilize the land that\ncomes under the economic corridor. <\/p>\n\n\n\n

 Going\nhand in hand with these agreements are the following proposed parliamentary\nacts; the Land Special Provisions Act and the State Land Bank Act. These acts\nof parliament would facilitate acquisition of land by foreign investors and the\nformation of corporations for the development of these lands.<\/p>\n\n\n\n

Obviously, the primary interest of the US is\nin the military sphere, and the secondary interest is to tighten the grip it\nhas on the country with a strong economic involvement making us dependent on\nthem. Our land would be made available to their armed forces and also to their\ninvestors. The economic corridor could eventually be American owned and would\nconnect the two ports also, Colombo and Trincomalee for military and economic\npurposes. . The US and also our Prime Minister seem to be in a great hurry to get\nour government to enter into these agreements as there is an election around. <\/p>\n\n\n\n

The US has indicated that they want future\ngovernments to honour these agreements, probably aiming to take an insurance\nagainst a possible defeat of this government at the forthcoming elections. The\nlegality of these agreements and their future validity have to be seriously\nlooked at in relation to the relative powers of the executive and the\nlegislature, given their far reaching and obvious adverse impact on Sri Lanka’s\nsovereignty and land ownership. <\/p>\n\n\n\n

For the US, Sri Lanka has assumed greater\ngeopolitical importance in view of the proposed Chinese Belt and Road\nInitiative, and the vital role Sri Lanka may be called upon to play in that\nproject. US Secretary of State has stated in no uncertain terms that they would\nnot hesitate to militarily intervene to protect their interests anywhere in the\nworld, including sea routes for trade. Further their global economic policy is\nto make countries dependent on them rather than improve the quality of life in\nthose countries. Thus they want to get a grip on Sri Lanka’s economy and make\nus dependent on them, which would make it easy to convert Sri Lanka into a US\nmilitary base for all practical purposes. The latter is crucial for them for they\nmay soon lose the right to have their base in Diego Garcia, concluded\nAmaratunga. <\/p>\n\n\n\n

 MOUNTING OPPOSITION<\/strong><\/p>\n\n\n\n

 Public opposition is\nmounting over the Agreements.  The\nopposition is coming from the very top. President Sirisena declared in July\n2019 that he will not allow any foreign agreement that would threaten the\ncountry\u2019s independence and sovereignty during his tenure. There are\ndiscussions regarding the agreements such as SOFA (Status of Forces Agreement),\nMillennium Challenge and a land act. These are not suitable for the country,\u201d\nHe would not allow any unsuitable agreements with any country or world power.<\/p>\n\n\n\n

A final decision on the Status of Forces\nAgreement (SOFA) with the US should be delayed till the conclusion of the 2019\npresidential election. Similarly, the proposed Millennium Challenge Corporation\n(MMC) agreement, too, should be delayed till after the next presidential\nelection, said Dayasiri Jayasekera speaking on behalf of the President. <\/p>\n\n\n\n

Chief of Defence Staff, Admiral Ravindra\nWijegunaratne, who heads the apexbody\nof the armed services and the police told media in July 2019. These two\nagreements (ACSA and SOFA) with United States are controversial. We cannot\nagree to some parts. UPFA said \u2018Yahapalana government is ready to\ncommit a great betrayal of the country. The ACSA agreement has been signed. It\nis now preparing to sign SOFA. Kohona\nasked why Sri Lanka has to enter into agreements which were not beneficial to\nit. Kumar David observed that there is\nsimply not enough good reason to sign on for ACSA and SOFA. I believe that in\nour case the disadvantages outweigh potential benefits, he said. <\/p>\n\n\n\n

In July 2019, Sri Lanka Podujana Peramuna held\na news conference to protest against the two agreements. It was observed at\nthis conference that there have been many problems wherever SOFA is signed by\nthe US with other countries. An army base will come up in any country that\nsigns a SOFA. We have a trained, experienced and world-recognized armed force\nwhich could meet any situation. We do not have any need to get military\nassistance from any country, said SLPP.<\/p>\n\n\n\n

In July 2019 the Bar Association of Sri Lanka\n(BASL) requested a meeting, with the President and Prime Minister to clarify\ncertain concern they had regarding the agreements. <\/em>BASL also met Opposition Leader Mahinda\nRajapaksa to discuss the ACSA and the proposed SOFA and the Land Bill. They\ndiscussed action they could jointly take to protest over the ACSA and urge the\ngovernment not to go ahead with the SOFA. BASL President Indatissa warned that\nif the SOFA was signed, Sri Lanka would become a target of anti-American\nterrorists. <\/p>\n\n\n\n

Ceylon\nChamber of Commerce,<\/em> the oldest trade chamber in the\ncountry, wrote to the Prime Minister in\nJuly 2019. The Chamber said, <\/em>The Ceylon Chamber expresses its\nconcern with regard to the increasing levels of speculation among its\nMembership and society at large on the consequences surrounding the proposed  SOFA and MCC.<\/p>\n\n\n\n

The Chamber wants the government to clarify\nthe exact position with regard to the current status of these two Agreements. What\nis the current status of the negotiations and\/or execution of these agreements. . The Chamber  wants the government to be transparent with\nrespect to these agreements and their consequences. The Chamber also wanted the\nagreements to be approved by Parliament. This will ensure that the national\ninterest is protected.<\/p>\n\n\n\n

STOP USA\u201d<\/strong><\/p>\n\n\n\n

Concerned\nmembers of the public launched STOP USA\u201d campaign In June 2019 to highlight\nthe danger   of these Agreements. At its\ninaugural meeting, speakers including MP Wimal Weerawansa, Pivithuru Hela\nUrumaya leader MP Udaya Gammanpila, MP Vasudeva Nanayakkara and former\nlawmakers A.L.M. Athaulla, Mohammed Muzammil and Sarath Weerasekera.<\/p>\n\n\n\n

The speakers\nsaid that the US launched this project in 1995, soon after Kumaratunga\u2019s\nelection as President. It then US gradually expanded its military-to-military\nrelations leading to the current situation. ACSA and SOFA were meant to allow\nthe US to set up base here.  The various\nUS military units that would be allowed access were listed. These Agreements\nwere the biggest threat Sri Lanka has faced since it gained Independence.  It would affect Sri Lanka\u2019s sovereignty and\nterritorial integrity. Today, the US plan has received the backing of Prime\nMinister Ranil Wickremesinghe and Finance Minister Mangala Samaraweera. <\/p>\n\n\n\n

Mangala\nSamaraweera spoke up on behalf of the Agreements. He  defended SOFA  and ACSA. These were military to military\u201d\nagreements, he said. They were  harmless\u201d\nand was not a danger.\u201d Samaraweera\nalleged that those opposed to such agreements were bent undermining bilateral\nrelations with the US, a country that always stood by Sri Lanka. He cautioned that Sri Lanka would lose its\nexports to the US and also new employment opportunities if these Agreements\nwere not accepted. He\ndrew attention to Sri Lanka\u2019s dependence on exports to the US, particularly\ngarments).<\/p>\n\n\n\n

USA RESPONSE<\/strong><\/p>\n\n\n\n

USA was so concerned about the  virulent opposition to its Agreements that\nits Ambassador conducted a Face book live chat in July 2019  to counter misinformation and disinformation\nthat has been propagated about US-Sri Lanka cooperation. The Ambassador\nemphasized that when the US extends support and assistance to the people of Sri\nLanka, it is only at the invitation of the Sri Lankan government. <\/p>\n\n\n\n

The Ambassador responded to public questions\non the US-Sri Lanka partnership agreements, \nACSA, MCC and SOFA. The\nAmbassador said that the MCC Compact \nwould not be establishing an \u2018economic corridor\u2019 between Colombo and\nTrincomalee.   USA will not buy, sell, or\nown any actual land under the Compact, either. <\/p>\n\n\n\n

SOFA,  \nnow re-branded as Visiting Forces Agreement (VFA) addresses the status\nof US military and civilian employees of the US Department of Defense, who may\nbe temporarily present in Sri Lanka for exercises or official duty at the\ninvitation of the Government of Sri Lanka,  said the Ambassador. The title \u2018VFA\u201d shows\nthat  US has no intention to build a\nmilitary base or establish a permanent military presence in Sri Lanka, she\nsaid. <\/p>\n\n\n\n

 The US\nForces would only come to Sri Lanka at the invitation of the Sri Lankan\ngovernment and would then depart. No troops – even under a VFA – would enter\nSri Lanka without proper documentation and prior approval. Sri Lanka would\nretain all sovereign rights to approve or deny entry or exit of U.S. personnel,\nvessels, and aircraft into Sri Lanka\u2019s territory and territorial waters\/airspace,   assured the Ambassador. Regarding immunity  of US defense personnel from Sri Lanka law,\nthe Ambassador said that the two countries would come to an advance agreement\non how to deal with such incidents should they arise. However, the draft VFA is\nstill under negotiation and has not been concluded as of yet, she stated. <\/p>\n\n\n\n

TREATY\nOBLIGATIONS<\/strong><\/p>\n\n\n\n

The three Agreements under discussion are\ntreaties between two sovereign  states. Such\ntreaties  have  treaty obligations.\u201d One school of\nthought  says treaty obligations must be\nrespected regardless of the circumstances under which they are signed. No\nmatter the circumstances, once signed, states are bound to fulfill their\nobligations. <\/p>\n\n\n\n

However, another school of thought thinks that\nthe legitimacy of agreements\/treaties depends on  circumstances. Laws relating to treaties\nbetween states are governed by the Vienna Convention of 1969.   Article 46 (1)  of the Vienna Convention says  once a treaty is signed,  a country can back out  saying that it was against their laws, only\nif  that law was one of fundamental\nimportance”. Ladduwahetty argues that \nan “internal law of fundamental importance” is  indeed violated in Sri Lanka,  whenever agreements\/treaties are concluded by\nthe Executive without reference to Parliament.<\/p>\n\n\n\n

He explains that the Constitution of Sri Lanka\nsays that sovereignty is in the people and  it \nis  exercised by Parliament and\nthe President acting together in the name of the people. Sovereignty cannot be\nexercised by Parliament or the President acting separately .<\/p>\n\n\n\n

The Vienna Convention authorizes Heads of\nStates, Heads of the Governments and Ministers of Foreign Affairs to sign\nagreements\/treaties. But , says Ladduwahetty, these are designated persons,\nwhose authority is derived from following \nthe correct procedures which in the case of Sri Lanka is by securing the\nconsent of two-thirds of members of Parliament and the consent of the\nExecutive. Therefore, any agreement\/treaty signed in the name of the people by\nthe  Head of state, Prime Minister or Foreign\nminister without the consent of Parliament amounts to a violation of the\nsovereignty of the people. <\/p>\n\n\n\n

Ladduwahetty says that the Supreme Court must\nrule, once and for all, on the procedures that should be followed when agreeing\nto  bi-lateral treaties. The procedures\nmust be in accordance with the Constitution. \nThis ruling should not be directed at any particular agreement\/treaty\nwith any particular country. It should be a common ruling that it would apply\nto all agreements\/treaties.<\/p>\n\n\n\n

The\nintelligentsia  are now frantically looking\nfor a way out of  these Agreements.  National Joint Committee  wrote to Prime Minister Ranil Wickramasinghe\nsaying that they were  concerned about <\/em>the unity and\nterritorial integrity of our nation. We believe that Sri Lanka should follow a foreign\npolicy of non-alignment. Due to the fact that Sri Lanka is strategically\nlocated in the Indian Ocean the country needs to remain non-aligned and refrain\nfrom getting involved in the geopolitical confrontation that is developing\nbetween America and China, through agreements that would enable these countries\nto gain a foothold in Sri Lanka, \u201d said the NJC. <\/p>\n\n\n\n

We must maintain good relationships with USA,\nChina and India, but that it should not mean we should sacrifice our\nindependence, said Kohona.  Admiral\nWijegunaratne said  \u2018We are having big\nissues in our country. The Indian Ocean can be easily controlled from Sri\nLanka. India\u2019s one-time National Security advisor Shiv Shankar Menon noted that\nSri Lanka is a permanent aircraft carrier in the Indian Ocean. <\/p>\n\n\n\n

 We have\ngiven Hambantota Port on lease to China for 99 years.  The Americans are saying that if you can\nlease it to China, why you can\u2019t agree to our agreement. They have stated  that \nSri Lanka location is very important for them. Then, Russia is asking if\nyou get into such agreement with America, you should also sign an agreement\nwith us. Admiral Wijegunaratne had just returned from Moscow after leading a\nmilitary delegation there. We need all of these countries.  <\/p>\n\n\n\n

We cannot forget America, he added. If we take American economy on the one hand, and those of other countries on the other, the US is greater in scale. The US economy is strong. Its defence expenditure is higher than the eight other countries that come thereafter. However, this important location, (he means Sri Lanka) , must be protected for the people of our country and future children. That is our responsibility. Therefore, this should not be a playground where international groups engage in their power struggles. We should come to a middle ground and make agreements, said Admiral Wijegunaratne . \u00a0<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

KAMALIKA PIERIS The final essay in this series examines the   academic and political reactions to the three agreements discussed, namely, ACSA, SOFA and MCC. All three agreements are with the United States of America and all three Agreements focus on the territorial and military control of the island. Of the three agreements, ACSA is already […]<\/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-91871","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\/91871","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=91871"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/91871\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=91871"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=91871"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=91871"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}