{"id":94767,"date":"2019-11-04T21:45:29","date_gmt":"2019-11-05T03:45:29","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=94767"},"modified":"2019-11-04T04:31:47","modified_gmt":"2019-11-04T11:31:47","slug":"mcc-sri-lanka-a-govt-with-no-state-land-to-tax","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/11\/04\/mcc-sri-lanka-a-govt-with-no-state-land-to-tax\/","title":{"rendered":"MCC Sri Lanka \u2013 a Govt with no State land to tax"},"content":{"rendered":"\n<p>Location, Location, Location\u201d is\nreason why Sri Lanka is important and it is the reason why nations adopt\nnumerous approaches to ensure stakes in potentially any corner of the island\nall of which bring immeasurable value to them. Why can\u2019t Sri Lankan leaders\n&amp; citizens understand the country\u2019s geopolitical potential as much as\nexternal parties\/players? It is in the inability to understand and maximize\nthis potential to Sri Lanka\u2019s benefit that has enabled external parties to use\ncunning methods to wriggle their way into tapping what ideally should be a\nstrategic wealth asset to Sri Lanka &amp; held by Sri Lankans. <\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img loading=\"lazy\" decoding=\"async\" width=\"640\" height=\"480\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-trap-SL.jpg\" alt=\"\" class=\"wp-image-94772\" srcset=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-trap-SL.jpg 640w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-trap-SL-300x225.jpg 300w\" sizes=\"auto, (max-width: 640px) 100vw, 640px\" \/><\/figure><\/div>\n\n\n\n<p>With global focus shifted to\nAsia, it is imperative that Sri Lankans come to terms with how global players\nwill turn to Sri Lanka for geopolitical, military &amp; trade perspectives. It\nis in the light of this understand that we can be better positioned to\nunderstand the developments since the end of LTTE in May 2009, the US pivot to\nAsia, US Air-Sea Battle doctrine, China\u2019s announcement of Belt &amp; Road\nInitiative in 2013 prior to which in 2010 Magampura Mahinda Rajapaksa Port was\nlaunched are in some ways connected to the successive UNHRC Resolutions drafted\nby US &amp; supported by its allies against Sri Lanka to weaken and\ndiplomatically pressurize Sri Lanka into opening its systems for the perusal of\n\u2018foreigners\u2019 who had bigger plans up their sleeves. <\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img loading=\"lazy\" decoding=\"async\" width=\"470\" height=\"245\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-SL-yankee.jpg\" alt=\"\" class=\"wp-image-94773\" srcset=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-SL-yankee.jpg 470w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/US-SL-yankee-300x156.jpg 300w\" sizes=\"auto, (max-width: 470px) 100vw, 470px\" \/><\/figure><\/div>\n\n\n\n<p>This culminated in 2015 regime\nchange, placing a puppet government in power, psychologically hypnotizing\ncitizens into being mesmerized by yahapalana good governance until faux pas\ncame to such appalling levels that even the regime changers had no damage\ncontrol for. However, while the nation was kept busy dealing with countless\nfaux pas perhaps purposely planted to keep the nation busy &amp; diverted,\nstrategic changes were taking place. <\/p>\n\n\n\n<p>Now we come to a point where we\ncan view these changes from a perspective of what benefits Sri Lanka or what\nbenefits those funding the changes. It is left to the reader to decide. <\/p>\n\n\n\n<p>However, this is being written\nfrom the point of view of the country &amp; the citizens and future\ngenerations. <\/p>\n\n\n\n<p><strong>US says it is giving $480m as a non-refundable grant. WHY? <\/strong><\/p>\n\n\n\n<p>US says MCC has no conditions, if\nso why produce a Constraints Analysis which names <\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Lack of Assess to Land<\/li><li>Policy Uncertainty<\/li><li>Inadequate overland transport as root causes for\n<strong>investment impediments<\/strong> while also\nhighlighting \u2018shortage of skills in science, technology, engineering &amp;\nmath(STEM) as another impediment which means it is highly likely that\nforeigners will be employed in MCC investment \u2018economic corridor\u2019 and elsewhere\ntoo.<\/li><\/ul>\n\n\n\n<p><strong>If MCC is coming to help Sri Lanka\u2019s poor why does MCC want access to\nland?<\/strong><\/p>\n\n\n\n<p><strong>MCC Constraints Analysis makes clear that MCC wants to buy land for \u2018investment\npurposes\u2019.<\/strong><\/p>\n\n\n\n<p><strong>How do we know what MCC conditions are? <\/strong><\/p>\n\n\n\n<p>MCC official Steve Lovic on 25 September 2018 in Temple Trees handed out a MCC document which had a list of very interesting details that would open our eyes to understanding what MCC is really about. <\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-03-at-8.18.07-PM-1024x575.png\" alt=\"\" class=\"wp-image-94768\" \/><\/figure>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img decoding=\"async\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-03-at-8.12.51-PM-1024x546.png\" alt=\"\" class=\"wp-image-94769\" \/><\/figure><\/div>\n\n\n\n<p><\/p>\n\n\n\n<p>MCC document given in 2018, creates a <strong>Millennium Challenge Authority<\/strong> &nbsp;<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"1024\" height=\"711\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-04-at-11.52.52-AM-1024x711.png\" alt=\"\" class=\"wp-image-94770\" srcset=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-04-at-11.52.52-AM-1024x711.png 1024w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-04-at-11.52.52-AM-300x208.png 300w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-04-at-11.52.52-AM-768x534.png 768w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/11\/Screen-Shot-2019-11-04-at-11.52.52-AM.png 1238w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/figure>\n\n\n\n<p><\/p>\n\n\n\n<p>Unbelievable that <strong>in a sovereign country a government ministry is placed subordinate a US\nMCC authority board.<\/strong> Where have you heard of a government Ministry\nbelow a corporate body?<\/p>\n\n\n\n<p><strong>Sri Lankans have access to land \u2013 who doesn\u2019t have access? It is the\nforeigners<\/strong><\/p>\n\n\n\n<p>When MCC speaks about lack access\nto land it is MCC that is seeking land for investment. <\/p>\n\n\n\n<p><strong>When MCC speaks\nabout policy uncertainty, it is MCC that is seeking legislative changes\nadvantageous to MCC investors<\/strong><\/p>\n\n\n\n<p>When MCC speaks about inadequate overland\ntransport, it is for MCC investors.<\/p>\n\n\n\n<p><strong>So for this non-refundable $480m GRANT to be given, the GOSL has\nto first make the following changes <\/strong><\/p>\n\n\n\n<p><strong>(if STATE LAND IS\nNOT PRIVATIZED MCC COMPACT-Economic Corridor CANNOT take place)<\/strong><\/p>\n\n\n\n<p><strong>MCC Condition &#8211;\nIssue land grants to people<\/strong> \u2013 giving them all rights of private\nownership (this nullifies Sri Lanka\u2019s control over its territory exercised by\nthe Centre) <\/p>\n\n\n\n<p><strong>Preparation of parcel fabric map \/ cadastral map<\/strong> is being\ndone &nbsp;&nbsp;<\/p>\n\n\n\n<p><strong>MCC Condition &#8211; Legislative\nchange 1 \u2013 Land Special Provisions Bill (drafted by US) repeal State Lands\nOrdinances of 1947 &amp; removes powers of the President over Land &amp;\nconfers those powers to Provinces (13a \u2013 Land Powers given &amp; US\/Allies will\nbe buying land directly from the Provinces)<\/strong><\/p>\n\n\n\n<p><strong>Shockingly this\nAct is ONLY VALID for 7 years.<\/strong> <\/p>\n\n\n\n<p><strong>Which means that the idea behind privatizing 84% of state land in Sri\nLanka, is to within 7 years enable the sale of State land held by grantees to\nforeign investors. <\/strong><\/p>\n\n\n\n<p>The obvious plan via the <strong>Land Special Provisions Bill was to remove obstacle\nwhere 84% of state land was held by farmers.<\/strong> The only way to do that was to\ngive outright ownership to grantees of state land by privatizing state land.\nOnce grantee land owners had title deeds to land they are on their own. <\/p>\n\n\n\n<p><strong>The Land Special\nProvisions Bill Section 29 claims that state land privatized can be mortgaged\nto any financial institution or any purchaser<\/strong> (that means even\nforeigners can buy land as the cap to prevent foreigners owning land was\nremoved after this government came into power in 2015) <\/p>\n\n\n\n<p><strong>MCC Condition &#8211; Legislative\nchange 2 \u2013 Inventory of State Land<\/strong> &#8211; <strong>Land Bank\nBill (drafted by US)<\/strong><\/p>\n\n\n\n<p><strong>State Land Bank Act is passed by legal draftsman &amp; signed by\nAttorney General<\/strong> and copied to Charitha Ratwatte &amp; attorney Ms Bimba\nTilakaratne (legal advisor to PM Ranil) but has <strong>not been presented YET to Cabinet or Parliament. <\/strong><\/p>\n\n\n\n<p>The preamble to <strong>this Act is to compile all state land owned or vested with public\ninstitutions (land used by schools, libraries, armed forces, police, nature\nparks etc) and enable these public institutions to sell.<\/strong> There is no\ncriteria\/restrictions or scope for such sale even. <\/p>\n\n\n\n<p><strong>Section 33 of this\nAct aspires to repeal land reform law of 1972 that limits ownership to 50\nacres.<\/strong> <\/p>\n\n\n\n<p><strong>Vesting powers all go to the State Land Bank. <\/strong><\/p>\n\n\n\n<p><strong>State Land Bank\ncan even be sued by corporations \u2013 so where is Sri Lanka\u2019s sovereignty. <\/strong><\/p>\n\n\n\n<p><strong>The State Land\nBank organization board is to comprise of 19 Additional Secretaries and 5\nmembers of the Constitutional Council (you can imagine what we are in\nstore for) <\/strong><\/p>\n\n\n\n<p><strong>Section 28 of the\nAct gives a virtual carte blanche to the Minister to dispose of land simply by\na letter. By vesting powers to the State Land Bank\/Minister Sri Lanka can\neven be sued by corporations \u2013 so where is Sri Lanka\u2019s sovereignty. <\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Privatizing of 84% of State Land via Land\nSpecial Provisions Bill<\/li><li>Loophole penetrated is Land issued by President\nis conclusive proof of absolute title.<\/li><\/ul>\n\n\n\n<p><strong>MCC Condition &#8211; Registration\nof grants into the title system<\/strong><\/p>\n\n\n\n<p><strong>MCC Condition &#8211; Conversion\nof deeds to title system<\/strong><\/p>\n\n\n\n<p><strong>MCC Condition &#8211; Establish a Land Policy Body under Ministry of Lands<\/strong><\/p>\n\n\n\n<p>The MCC 2018 document also gives\na map of geographic areas of focus for MCC Land Investment. Again you must ask\nyourself \u2013 were we not told that this $480m was simply a grant to help Sri\nLanka\u2019s poor, then what is this MCC land investment?<\/p>\n\n\n\n<p>Is it not clear that MCC is\nactually planning to buy our land and buy our land cheap by getting the\ngovernment to re-survey our land and that is why a new valuation system is\nbeing designed with foreign inputs &amp; advice. <\/p>\n\n\n\n<p>Those that are saying why are\npeople making a fuss over the \u2018gift\u2019 of $480m seem to totally ignore the loans\nthat the GOSL is taking to give US firms to iron out areas that would quicken\nthe process for US investors to land &amp; buy over our land &amp; even cheap\nlabor as ILO are already redrafting our labor laws. <\/p>\n\n\n\n<p>How many know that <strong>GOSL has given US firm Trimble Navigation to prepare land survey maps\n&amp; create a database of 3.6m parcels of state owned land?<\/strong> Trimble\nis doing what Survey Dept should be doing and the dangers of Sri Lanka signing\nthe US Tropic Forest Act which was rejected in 2004 is highly likely to occur. <strong>GOSL has taken a loan of $154m to pay Trimble to survey our land and\n400 public surveyors &amp; 200 additional private surveyors with crews will all\nbe serving under Trimble. <\/strong>Trimble would take control of Sri Lanka\u2019s electronic\nland register &amp; details of lands \u2013 isn\u2019t this a threat to National Security\nwhen a private company is given access to all land details of a sovereign\ncountry &amp; the government takes a loan to pay them for it? <strong>This $154m is not part of the $480m grant! <\/strong><\/p>\n\n\n\n<p>Now please remove your pro-foreign\nlens and imagine what all these changes will mean to Sri Lanka &amp; its\ncitizens? <\/p>\n\n\n\n<p><strong>Why is US asking for changes to our administrative systems \u2013 privatizing\nstate land, giving title deeds, removing cap on foreign ownership of land &#8211; what\nis their bigger plan?<\/strong><\/p>\n\n\n\n<p><strong>What happens when all\nState land is privatized? <\/strong><\/p>\n\n\n\n<p><strong>Political power over land passes from Centre to the provinces. <\/strong><\/p>\n\n\n\n<p>Isn\u2019t this what TNA &amp; LTTE had\nbeen fighting &amp; demanding for 30 years? &nbsp;<\/p>\n\n\n\n<p><strong>By now you should\nhave understood that Land Special Provisions Act &amp; Land Bank Act are\nintegral parts of the MCC conditions &nbsp;&nbsp;<\/strong><\/p>\n\n\n\n<p>All this means \u2013 the GOSL has\nprivatized all state land, given title deeds to people living on state land as\ngrantees by an Act that is valid for only 7 years while allowing title deed\nholders to sell their land to anyone including foreigners the intent of which\nis for foreigners\/foreign investors to buy land within 7 years. While the Act\nalso allows foreigners to even sue the country. <\/p>\n\n\n\n<p>This happened in Peru where\nsecret land deals with a foreign company resulted in its cancellation &amp;\nforeign company took issue with international tribunal resulting in Peruvians\npaying $24m for a deal done in secret by their government &#8211; <a href=\"https:\/\/www.sydneycriminallawyers.com.au\/blog\/trade-agreements-pre-empt-dissent-an-interview-with-aftinets-dr-patricia-ranald\/?utm_source=Mondaq&amp;utm_medium=syndication&amp;utm_campaign=View-Original\">https:\/\/www.sydneycriminallawyers.com.au\/blog\/trade-agreements-pre-empt-dissent-an-interview-with-aftinets-dr-patricia-ranald\/?utm_source=Mondaq&amp;utm_medium=syndication&amp;utm_campaign=View-Original<\/a><\/p>\n\n\n\n<p><strong>However, there are 2 impediments<\/strong> \u2013 <\/p>\n\n\n\n<p>First is the FR case filed in the\nSupreme Court against the Land Special Provisions Bill which prevents MCC signing\nand any MCC signing must be regarded as a contempt of court. <\/p>\n\n\n\n<p>Second is the Supreme Court\nJudgement (Bulankulame vs the State) famously known as the Eppawela Case where\nthe Court determined that Sri Lanka\u2019s Constitution secures the fundamental rights\nof even our unborn generations to our land. The right to private property is\nnot a human right. <\/p>\n\n\n\n<p>1 million deeds have already been\ndistributed by President Sirisena-Prime Minister Ranil especially aligned to\nthose living along this \u2018economic corridor\u2019 \u2013 against these two judgements how\nvalid are these deeds? <\/p>\n\n\n\n<p>MCC economic corridor cannot be\ncreated without privatizing state land to enable private owners to sell and\nselling state land used by schools\/libraries\/forces etc. Both scenarios will\ncreate incremental displacement of people and public utilized buildings. <\/p>\n\n\n\n<p><strong>Now let\u2019s ask some questions?<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>What happens if farmers who now have private\ntitle deeds mortgage their land to a financial institution &amp; the bank takes\nover their land for non-payment?<\/li><li>What happens if farmers sell their land because\nforeigners offer a price they cannot refuse?<\/li><li>What if private land title owners end up selling\ntheir land &amp; have no livelihood or even place to live?<\/li><li>How can a government survive when a government\nforfeits all State land &amp; loses its ability to collect revenue from taxes?\nHow can a government survive without taxes &amp; revenue? <\/li><li>What is the jurisdiction of a government &amp;\npoliticians over land that belongs to private citizens or foreigners? These are\nincremental scenarios likely to happen<\/li><li>Is there any use in having a Parliament or a\nGovernment? Will Politicians be jobless?<\/li><\/ul>\n\n\n\n<p><strong>Now let\u2019s look at other scenarios<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>If MCC goes through, the other agreements ACSA\n&amp; SOFA will only strengthen US\/transnational corporate presence in Sri\nLanka \u2013 US military\/civil contractors armed, with weapons, bringing unchecked\nequipment without paying any duties can enter Sri Lanka &amp; go anywhere. <\/li><li>Palaly international airport means that India has\nbeen given air capacity to bring any military hardware from air into Sri Lanka.\n<\/li><li>TNA 13 demands and the partnership with the NDF\ncandidate means that there is more than room for another unilateral declaration\nof independence \u2013 with a corridor and rail preventing Sri Lankan Armed Forces\nusing ground-naval-air to defend itself, the Eelam gift is given on paper but\nunder Indo-US control and Tamils will realize too late they have sold Sri Lanka\nand themselves. <a href=\"https:\/\/www.tamilguardian.com\/sites\/default\/files\/File\/Tamil%20orgs\/1.Translation%20of%20the%20Five%20Party%20Document-%20Issued%20by%20Jaffna%20Unniversity%20Stduents%20-%2014.10.2019.pdf\">https:\/\/www.tamilguardian.com\/sites\/default\/files\/File\/Tamil%20orgs\/1.Translation%20of%20the%20Five%20Party%20Document-%20Issued%20by%20Jaffna%20Unniversity%20Stduents%20-%2014.10.2019.pdf<\/a>\n<\/li><li>What powers will our National Army &amp; Police\nhave to carry out their national duties? Not much!<\/li><li>Economic Electric Rail Corridor vests US\n1.2million acres for 200 years dividing Sri Lanka into 2 and taking part of Sacred\nAnuradhapura as well. Will Sri Lankans need visa to go &amp; pray? <\/li><li>Then we come to the East terrain \u2013 the Batticoloa\nuniversity is also part of the MCC map where US envoy is opening buildings in\nthe very area that the Easter Sunday suicide bombers resided and paid for by\nthe US Pacific Command funds? Why? This is linked to the Caliphate in Sri Lanka\nand we cannot ignore who jihadi terrorists best friend is and it is a factor\nthat the Muslims of Sri Lanka cannot ignore too. <\/li><\/ul>\n\n\n\n<p>Sadly, the minorities of Sri\nLanka have been ready proxies to weaken Sri Lanka. <\/p>\n\n\n\n<p>Tamils &amp; LTTE terrorists were\nused for 30 years to weaken Sri Lanka and now simultaneously a proxy political\nTamil alliance together with proxy Muslim militant\/political synergy is now\nbeing used to further weaken Sri Lanka tapping into the weaknesses of the\npolitical system and the ignorance of the masses. <\/p>\n\n\n\n<p>We can only hope that people can see the larger picture. All of the 3 foreign agreements must be taken together with the legislative changes that have taken place by a weak and spineless government put into the saddle by the parties aspiring to grab Sri Lanka geopolitically, economically &amp; militarily. Will this end Sri Lanka\u2019s 2500 proud history and heritage will be seen in days to come? <\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>Shenali D Wad<\/strong>uge<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Location, Location, Location\u201d is reason why Sri Lanka is important and it is the reason why nations adopt numerous approaches to ensure stakes in potentially any corner of the island all of which bring immeasurable value to them. Why can\u2019t Sri Lankan leaders &amp; citizens understand the country\u2019s geopolitical potential as much as external parties\/players? [&hellip;]<\/p>\n","protected":false},"author":1498,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-94767","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/94767","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\/1498"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=94767"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/94767\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=94767"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=94767"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=94767"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}