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GoSL must not make the same mistake with MCC as done with Indo-Lanka Accord & 13a

On 29 July 1987 India forced Sri Lanka to sign what became known as the Indo-Lanka Peace Accord that led to the deployment of Indian Peace Keepers. Part of that Accord also required Sri Lanka to tweak its constitution and create an artificial demarcation of land dividing Sri Lanka into 9 provinces under the 13thamendment. IPKF went on to kill Sri Lankans while the 13a has become a burden on the taxpayer and a stepping stone to demanding separatism. That it was enforced by the powerful neighbor ensures political pressure prevails not to repeal it inspite of public protests to do so. A far more dangerous agreement aligned to two other agreements are the MCC-SOFA & ACSA. The dangers of these 3 taken together spells doom for Sri Lanka’s sovereignty & ironically the eventual doom & balkanization of India too. MCC also requires passing by Parliament to turn into domestic law just as 13a was done.Once an international agreement turns into domestic law, the elected government is bound to enforce its contents. We know the adverse impact of 13a – surely we don’t want to nose dive into a bigger catastrophe by not only signing MCC but passing MCC in Sri Lanka’s Parliament.

The root of Tamil militancy & the political ideology behind separatism using asymmetrical federalism as a stepping stone to a separate state are certainly connected not only by a segment in the minority promoting it but by numerous countries & international agencies that supported it for different reasons at different time periods. These links remain despite the demise of LTTE ground terror.

That India provided its land to train Tamil militants is nothing India can deny. That India even supplied arms & training as well as funding for these Tamil militant groups is also nothing India can deny. It was only a decade later that India chose to directly barge in as ‘saviors’ claiming to defeat LTTE and disarm LTTE via the 1987 Accord. India never honored any of the clauses in that agreement signed in July 1987 but India went on to force Sri Lanka to make constitutional changes that divided Sri Lanka into 9 provinces via 13thAmendment & Provincial Councils Act No. 42 of 1987 certified on 14 November 1987.

https://www.lawnet.gov.lk/1947/12/31/thirteenth-amendment-to-the-constitution-2/

http://www.psc.gov.lk/web/images/pdf/english/1._Legal_Provisions/2._Related_Acts/1.2.2%20provincial%20councils%20act_english.pdf

Both the Sri Lankan Supreme Court & Parliament stands guilty for 13a. When 13a was put to the Supreme Court – 5 out of 9 judges declared that approval by the People at a Referendum was needed (Article 120a) The 5 judges of the Supreme Court that determined 154G(2)(b) and (3)(b) of the Constitution required 2/3majority & a referendum, remains valid (if one or more PCs do not agree a 2/3 majority & referendum is required) Ignoring this Parliament simply deleted requirement for a referendum from the original Bill and passed the Bill without resubmitting to the Supreme Court.

These same dangers prevail if MCC is put to Supreme Court where Parliament can abuse its powers as a Bill becomes law upon certificate of the President or the Speaker and thereafter no court or tribunal can question the validity.

13a thus illegally passed was prevented from being judicially challenged by the People. The same outcome can happen with the MCC which is why the Public are vehemently putting its valid arguments for everyone to understand the dangers and prevent the Government & Parliament making the same mistake done with the 13thamendment.

The Indo-Lanka Accord merged north & east falsely creating a new history. It was nothing but an Indian ploy to secure Trincomalee harbor. IPKF was brought in to disarm LTTE but went on to train other militants and groom another Tamil (V Perumal) to be India’s defacto leader after elections which ended up in him declaring unilateral declaration of independence resulting in the then President annulling the merged Provincial Council & Perumal running off to India for refuge.

A similar scenario is unfolding with the ACSA-SOFA & MCC – US military vessels and aircrafts can use Sri Lanka’s ports and airports for any logistical need, US troops can travel anywhere across Sri Lanka even carrying arms and are exempted from check or legal action for any crime committed, while in the name of development an unlimited number of US personnel, contractors have to be given work visas with tax exemptions and the freedom to bring anything into Sri Lanka & take anything out of Sri Lanka without checking as well as take full ownership of Sri Lanka’s intellectual property rights.

To understand the dangerous impact of the 3 agreements, one has to read all of its clauses. While ACSA and SOFA are bilateral agreements MCC requires Sri Lanka to pass in Parliament & turn into domestic law. Thereafter, it will become no different to 13amendment. Sri Lanka will take on responsibility to implement all of the drastic measures in the MCC on behalf of the US corporates & US government completely ignoring the wishes of the Sri Lankan citizens.

The Indo-Lanka Accord was dumped on Sri Lanka claiming to solve Sri Lanka’s ‘ethnic problem’ – 33 years on Indo-Lanka Accord solved nothing but has created more problems with the PC system & 13a.

The groundwork to force the Accord was subtly orchestrated with a series of attacks, riots and advice that was really meant to defame the armed forces and the state apparatus to build the international justification for foreign intervention. The LTTE onslaughts weakened a military that could not match the military hardware LTTE was using together with the intel provided to them by foreign sources.

MCC is also been dumped on Sri Lanka together with SOFA/ACSA claiming to ‘develop’ Sri Lanka & ‘eliminate poverty’ but only by privatizing state land and turning land into a commodity. We know where this is heading before its even launched – a massive transnational land grab and displacement of Sri Lanka’s populace is the writing on the wall that Sri Lanka’s Parliament (Opposition & Government) cannot pretend to ignore.

The manner MCC surfaced thus has to be looked in the same manner as the Indo-Lanka Accord. It is no secret that wherever US pivots to, jihadi Islamic militants with their ‘Islam’ chants travel with them to cause mayhem. This is how entire Middle East & Africa was destabilized and now it is Asia’s turn.

Unfortunately, India is now a partner of US’s pivot to Asia and the disclosures at the presidential commission on Easter Sunday mass murders certainly raises our doubts as to India’s role together with America jumping to offer MCC as a gift, days after the Easter Sunday attack. The Islamic murderers frequented India often – what exactly were the nature of these visits?

When UNP & JR Jayawardena peddled a pro-West approach in 1978 as did UNP & Ranil since becoming PM in 2001 both erroneously sold the concept of ‘friendship’ with West as sealing developmental assistance. The golden truth however is –every country is only concerned about their national interests not ours while our leaders are trying to help national interests of other countries at the cost of ours!

This cannot continue any longer.

India follows the Panikkar Doctrine (Naval doctrine and Kautilya’s Arthashastra & Mandal theory ‘your neighbor is your natural enemy’) Kautilya craftily created a civil war in Patiliputra & Indira Gandhi went on to do the same. The Islamic terror and Islamic fundamentalism is the winning ploy US will use to become an uninvited guest in Sri Lanka under their brand ‘war against terror’ (killing Muslims & non-Muslims using Muslims) – this is going to be elevated to ‘war against corona’ using the humanitarian card to claim US troop presence is required to protect US national interests & assets. Keep an eye on these developments.

The clauses of the 13a clearly show the advantages India sought to accrue itself. The clauses in the MCC, SOFA & ACSA do the same for US.

Tamil militancy & Tamil politicians were being used to carve out a separate area that India could eventually take over. US has been more strategic, the MCC SOFA & ACSA taken together will not only with time acquire parts of the island, the economic corridor from Colombo to Trincomalee but the entire island with time. This will be made possible if MCC is not only signed but also passed by Parliament which is a pre-condition and key component of the implementation pre-requisite of the MCC.

No Government elected to power by the People can betray the People & the Nation by signing MCC and ratifying MCC detrimental clauses via Parliament as was done with 13a.

Shenali D Waduge



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