{"id":99771,"date":"2020-03-11T01:13:16","date_gmt":"2020-03-11T07:13:16","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=99771"},"modified":"2020-03-10T00:23:06","modified_gmt":"2020-03-10T07:23:06","slug":"mcc-review-committee-says-mcc-agreement-detrimental-to-sri-lankas-sovereignty-what-amendments-is-gosl-suggesting","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2020\/03\/11\/mcc-review-committee-says-mcc-agreement-detrimental-to-sri-lankas-sovereignty-what-amendments-is-gosl-suggesting\/","title":{"rendered":"MCC Review Committee says MCC Agreement detrimental to Sri Lanka\u2019s sovereignty \u2013 what amendments is GoSL suggesting?"},"content":{"rendered":"\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2020\/03\/Land_grabbing-1024x6331-1024x633-1024x633.jpg\" alt=\"\" class=\"wp-image-99773\" \/><\/figure>\n\n\n\n<p>The\nGunaruwan Committee handed its supplementary report on the MCC to both the\nPresident &amp; Prime Minister of Sri Lanka on 17<sup>th<\/sup> February 2020\nand had made some recommendations and comments that should awaken the\ngovernment to the dangers at stake for Sri Lanka which $480m could never cover.\nHowever, various media reports from Government ministers claim MCC with\namendments can be accommodated. While the Gunaruwan Committee has had the\nforesight to present the dangers in alongside the recommendations &amp;\ncomments, any amendments the Government proposes to suggest to MCC must cover\nsome critical areas.<\/p>\n\n\n\n<p>Prof. Gunaruwan describes the mandate of his team &amp; the\nobjective of their role \u2018national interest\u2019 will be the top priority of our\nstudy\u201d &nbsp;&nbsp;<\/p>\n\n\n\n<p><a href=\"https:\/\/www.pressreader.com\/sri-lanka\/sunday-times-sri-lanka\/20200223\/282553020266268\">https:\/\/www.pressreader.com\/sri-lanka\/sunday-times-sri\nlanka\/20200223\/282553020266268<\/a><\/p>\n\n\n\n<p>The\nMCC Review Committee comprises Dr. T L Gunaruwan, D S Jayaweera, President\u2019s\nCounsel Nihal Jayawardena &amp; Chartered Architect Nalaka Jayaweera.<\/p>\n\n\n\n<p>The\nUS ambassador to Sri Lanka in June 2019 said that $480m was a gift not a loan from\nthe US to the People of Sri Lanka \u2013 if $480million is a gift <\/p>\n\n\n\n<p><a href=\"https:\/\/lk.usembassy.gov\/remarks-of-ambassador-alaina-b-teplitz-at-3rd-agm-of-the-%20ceylon-chamber-of-commerce-sri-lanka-usa-business-council\/\">https:\/\/lk.usembassy.gov\/remarks-of-ambassador-alaina-b-teplitz-at-3rd-agm-of-the-\nceylon-chamber-of-commerce-sri-lanka-usa-business-council\/<\/a> <\/p>\n\n\n\n<p><strong>If US is giving $480m as a gift &amp;\nnot a loan<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Why does Sri\nLanka need to sign an agreement with the US Govt?<\/li><li>Why does the\nagreement need to be passed in Parliament? <\/li><li>If all existing\nstatutes and other legislation will get nullified as a result of passing the\n5year valid MCC agreement by Parliament \u2013 shouldn\u2019t the People be asked if they\nwant this gift\u201d or not?<\/li><li><strong>Why cannot MCC project be a BOI project?<\/strong><\/li><li>Why is there a\nneed to set up a separate private company (MCA Sri Lanka)?<\/li><li>Why is the $480m\ngoing to a private bank account under the private company?<\/li><li>Why is there\nneed for a \u2018Inspector General of MCC\u2019 to be created?<\/li><li>Why is this\nInspector General of MCC and other representatives of MCC allowed to look into Sri\nLanka\u2019s records? Section 6.8 audit. I<strong>f MCA is\nset up to channel funding why should MCC arrange audits of the Government? Why\nso much of US audit guidelines when money is being disbursed not to GOSL but to\nMCA Sri Lanka a private company?<\/strong><\/li><li>Why does Section\n5.4 include \u2018late payment interest\u2019 under Compact and PIA? This nullifies claim\nthat the $480m is a gift.<\/li><li>What about the\nMCC Presentation made at Temple Trees revealing an economic corridor (5miles to\nleft and 5 miles to right of railway line \u2013 an extent of 1.2million acres\n(200miles x 10miles) covering the very districts MCC is proposing to digitalize\nvia e-registrar where the State is presently giving land right titles and\naccelerated title registration. Railways will be leased out via State Land Bank\nAct and MCC &amp; its US allies will be leasing area for 100 + 100 years. <\/li><li>Giving a gift\nbut Section 6.4 says MCC is governed by international law. US are immune from\nanything &amp; everything in Sri Lanka and US doesn\u2019t pay any levies, taxes,\nduties whatsoever \u2013 what kind of gift is this?<\/li><li>Getting a gift\nof $480m but <strong>Section 3.9 Intellectual Property\nsays that GoSL grants to MCC a perpetual, irrevocable, royalty-free, worldwide,\nfully- paid, assignable right and license to practice or have practiced on its\nbehalf <\/strong>(including the right to produce,\nreproduce, publish, repurpose, use, store, modify or make available) any portion\nor portions of Intellectual Property as MCC sees fit in any medium, now known\nor hereafter developed, for any purpose whatsoever.<\/li><\/ul>\n\n\n\n<p><strong>Is the GoSL considering to sign MCC with amendments?<\/strong><\/p>\n\n\n\n<p>This\nMCC agreement was peddled by the treacherous government previously in power.\nTherefore, their treacheries are known to all. However, with a change of\nGovernment it is obvious that the officials that helped draft the Agreement\nwith the MCC &amp; US Govt officials are still in office holding key portfolios.\n<\/p>\n\n\n\n<p>We\nhave every right to know who these officials who helped draft the MCC giving\ninside information and showing MCC where they can manipulate our laws. These\nunknown government officials are worse than the external enemies because they\nare obviously misleading the new Government into believing we are getting a\n\u2018gift\u2019 and totally ignoring the dangers in store given the track record of the\nUS (illegal invasions\/illegal interventions\/foreign assassinations\/interference\nin foreign elections\/covert &amp; overt operations\/resource grabbing\/coups\n&amp; regime change etc). We are told that some Sri Lankan officials have even\nbeen flown overseas to draft the MCC! These need scrutinizing as obviously they\nare giving a false legal green light based on perks given to them! <\/p>\n\n\n\n<p><strong>GoSL has to look at MCC as part &amp;\nparcel of US Govt strategy.<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>It is an arm of\nits 3D policy \u2013 Diplomatic \/ Defense &amp; Development. It is an integral part\nof US Pivot to Asia and its National Defense Strategy. MCC is a US Govt entity\nworking with US companies and transnational corporations which are US-friendly.\n<\/li><li>Without\nexamining the LEGAL IMPLICATIONS of signing an agreement WITHOUT knowing what\nthe \u2018undisclosed\u2019 documents MCC will give which GoSL is bound to accept &amp;\nimplement?<\/li><li>Why should GoSL\nallow no liability for any claims or loss committed by MCC &amp; US Govt? <\/li><li>Why is GoSL\nwaiving all claims against MCC &amp; US Govt or any CURRENT or FORMER officer\nor employees of MCC or the US Govt for loss, damage, injury or DEATH arising\nout of activities or omissions under Compact? If MCC kills a Sri Lankan even by\naccident, who is going to pay compensation for that loss of life? If MCC kills\na non-US by accident, who is going to pay compensation for that loss of life?\nSection 6.8 \u2013 what about law of reciprocity under international law mentioned\nin Section 6.4 of MCC? This loss of life and compensation is not covered by\n$480million! <\/li><li>Hope the GoSL is\nalso aware that companies are now taking governments to court &amp; this is\ngoing to be something Sri Lankans will having to pay because of follies of government\nofficials and politicians. <\/li><li>Did Govt\nofficials direct present Government leaders to the 25 April 2019 Congressional\nNotification Transmittal sheet? According to this $480m was to be given across\n5 years via the MCA Sri Lanka private company. <\/li><li>Did Govt\nofficials show the 2 draft legislative acts that seek to convert permits &amp;\ngrants to State Lands to absolute land grants and allow permit holders to sell\nor lease their land? <\/li><li>Did Govt\nofficials show that in this same Congressional Notification the US aspires to\ncreate a database gathering information on State lands and facilitate\ninvestment in underutilized State lands. What is the benefit that Sri Lankan\ncitizens are getting from this privatization and sale of State land? Ultimately\nwhat is any Government going to benefit when all State lands finds it way into\nforeign possession? Ultimately the politicians themselves will be working under\nforeigners! <\/li><li>How many in the\nGovt have been informed by government officials of what MCC\u2019s real plan is \u2013\nbecause the MCC by promising $480m is asking GoSL to make legislative changes\nto facilitate their ultimate goal of grabbing Sri Lanka\u2019s land. <a href=\"https:\/\/l.facebook.com\/l.php?u=https%3A%2F%2Fassets.mcc.gov%2Fcontent%2Fuploads%2Fcn-042519-sri-lanka-intent-to-sign.pdf%3Ffbclid%3DIwAR2pUg7s4pODkOtrS3rdCnqPKNO-E47Eq43sKckO7agV-AXPYi-KDA8IkGI&amp;h=AT25CTxw9UTig0J5ANThQEA_Rpz-4CxjUCThXUx2FzzC4MVbbDRUjxNZ5UiO7cw-dt-A_Qr_jxrCfB7-74RtCHqEsEJQ5s8HF-qMri4u3fDqK4O1w2Bv7sQsAzcZc5fuE3sW32IT_ytVoXlYYwKL9cjV\">https:\/\/assets.mcc.gov\/content\/uploads\/cn-042519-sri-lanka-intent-to-sign.pdf<\/a><\/li><li>If 200miles of the economic corridor results in land\nowners selling or leasing land to foreign investors \u2013 what happens to around\n4million people? With the State having no state lands to relocate these\ndisplaced people where will the GoSL relocate them? What about their\nlivelihoods?<\/li><li>We are giving up our entire intellectual property\nrights (present &amp; futue) for $480million \u2013 are we insane?<\/li><li>Have GoSL officials briefed about the Section 3.5\n\u2018implementation letters\u2019 which are going to appear in MCC website and via other\nletters etc which are binding though GoSL hasn\u2019t a clue of its contents? What\nkind of bilateral agreement is this?<\/li><li>Why is the GoSL Treasury giving full power of\nattorney to US Governmental company registered as a Sri Lankan company which is\nto operate superior to the GoSL? How can GoSL abdicate its sovereignty to a US\ngovernmental company to act as primary agent? This violates article 1.4 of the\nSri Lankan constitution.<\/li><li>On what grounds is GoSL agreeing to 3.2 d) to fund\nanything that exceeds MCC Funding while also giving tax free\/minus all levies\nto MCC and privatizing state land allowing Sri Lankans to sell their land and\nfor foreigners to buy any amount of land \u2013 what is the source of income for the\nGoSL when after 5 years MCC has grabbed all land?<\/li><\/ul>\n\n\n\n<p><strong>MCC from the point of view of the Sri\nLankan citizen <\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Yes, permit\nholders will end up getting a piece of paper giving them ownership but they are\nleft on their own &amp; poverty will encourage them to sell their land &amp;\neventually they end up without a piece of land, without a home to live, without\na livelihood <\/li><\/ul>\n\n\n\n<p><strong>MCC from a political point of view<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>How will\npoliticians and political parties deal with the eventuality and outcome when\nMCC \u2013 SOFA \u2013ACSA are in full force and US troops and US personnel &amp; US\ncontractors land in Sri Lanka to operate projects with all immunities, with no\ntaxes or levies and giving full access to government institutes and records.\nWhat is the place the politicians will have when eventually 4million or more\npeople end up displaced &amp; without jobs except to act as slave labor for the\ntransnational companies setting up ventures along the economic corridor being\nset up? <\/li><\/ul>\n\n\n\n<p>Do politicians and political parties want to risk so much for a paltry $480million \u2013 it will be the end of their political careers when people begin to realize the sellout of the country no sooner any government signs on the dotted line.<\/p>\n\n\n\n<p><a href=\"https:\/\/www.farmlandgrab.org\/cat\/show\/354?fbclid=IwAR1hou1-SvAyBuLCFqmNxqkWMSwtk-bmZYaDWKQCCLeR7_EpVu04D91JLOc\">https:\/\/www.farmlandgrab.org\/cat\/show\/354?fbclid=IwAR1hou1-SvAyBuLCFqmNxqkWMSwtk-bmZYaDWKQCCLeR7_EpVu04D91JLOc<\/a><\/p>\n\n\n\n<p><strong>Shenali D Waduge<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Gunaruwan Committee handed its supplementary report on the MCC to both the President &amp; Prime Minister of Sri Lanka on 17th February 2020 and had made some recommendations and comments that should awaken the government to the dangers at stake for Sri Lanka which $480m could never cover. However, various media reports from Government [&hellip;]<\/p>\n","protected":false},"author":1498,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-99771","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/99771","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=99771"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/99771\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=99771"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=99771"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=99771"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}