News
MCC inconsistent with Constitution
AG agrees with Prof. Gunaruwan report
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC, has informed President Gotabaya Rajapaksa that the Millennium Challenge Corporation (MCC) Compact, Project Implementation Agreement, as well as Articles of Association of MCA (Millennium Challenge Act), Sri Lanka, are violative of cerain provisions of the Constitution.
The AG has said so in a 20-page report sent to Dr. P.B. Jayasundera, Secretary to the President.
The President’s Office on Sept. 3, 2020, sought the AG’s opinion on the MCC Compact and related matters in the wake of the Cabinet-appointed Prof. Gunaruwan Committee strongly advising against going ahead with the US initiative. The US sought Sri Lanka’s consent for the Acquisition and Cross Servicing Agreement (ACSA), Status of Forces Agreement (SOFA) and MCC. The previous government finalised ACSA in early August 2017.
Dr. Jayasundera made available the Gunaruwan report to the AG.
The outgoing US administration in Dec 2020 announced Sri Lanka had been left out of the MCC project.
AG’s Coordinating Officer State Counsel Nishara Jayaratne confirmed the MCC et al were inconsistent with the Constitution and other laws.
The Island,
however, learns that the AG’s Department on two previous occasions, in letters dated Oct 10, 2018 and June 10, 2019, addressed to Jonathan G. Nash, Chief Operating Officer, MCC, and Director General, External Resources Department, respectively, asserted that the Compact and the Programme Implementation Agreement (PIA) were in line with the Sri Lankan law.
The first letter was sent during Jayantha Jayasuriya’s tenure as the AG and the second under incumbent AG without his approval, sources said. Dappula de Livera succeeded Jayasuriya in April 2019 about a week after the April 21 Easter Sunday carnage. Jayasuriya is the incumbent Chief Justice.
Prof. Gunaruwan’s Committee soon after the last presidential election in Nov 2019 failed to obtain the AG’s Department opinion in spite of making representations through the Prime Minister’s Office.
In the run-up to 2019 parliamentary election, then Finance Minister Mangala Samaraweera said the Attorney General had approved the US project though the Sri Lanka Podujana Peramuna (SLPP) called it a sell-out.
The following is the text of the letter dated Oct 10, 2018 captioned ‘Legal Status of Proposed MCC Compact signed by Sanjay Rajaratnam, PC, Senior Additional Solicitor General, addressed to Jonathan G. Nash, Chief Operating Officer, MCC:
“I refer to your communication dated 27th September, 2018 in respect of the above captioned matter. In this regard, I am made to understand that the delegation from the Government of Sri Lanka was able to have fruitful discussion with the Millennium Challenge Corporation Team in resolving some of the outstanding issues.
“Having gleaned through the proposed Millennium Challenge Compact, the draft Program Implementation Agreement (PIA) as well as the Points of Discussion (without prejudice) between the negotiating parties which has been made available to me, I wish to at the very outset opine that no existing laws of Sri Lanka inhibit the Compact and the PIA being implemented in Sri Lanka. If I may elucidate further, the covenants of the Compact and the PIA do not infringe any existing domestic law or any previous undertakings given by the Government of Sri Lanka. It is acknowledged that the Compact imposes legal obligations on both parties to the Agreement
“Further, consequent to the negotiations and discussions had between parties, it is proposed that the Government of Sri Lanka would seek the passage of a law in Parliament to establish the MCA- Sri Lanka as a non-profit Company limited by guarantee under the Companies Act No.07 of 2007 to implement the provisions of the Compact. It is envisaged that the proposed enactment would encompass the Compact and the PIA as Annexures, which would form an integral part of this enactment.
“Thus, I am of the view that the passage of the said enactment by Parliament would result in the Compact and the PIA, having the parity of status of a domestic law in Sri Lanka.
“In the Context of the above, it is requisite that Section 7.1 of Article 7 of the Compact referring to the provisions on Entry Into Force, would be revised with the deletion of the sentence pertaining to the Compact prevailing over the domestic laws of Sri Lanka.
“However, in order to assuage any concerns with regard to the implementation of the Compact, by an unlikely event of a legislation in the future which may impinge or infringe the said compact, upon notification by the Ministry of Finance and Mass Media (the relevant Ministry) of this fact, a legal opinion would be tendered that the proposed legislation if proceeded with would violate the covenants of the Compact. This would enable the relevant Ministry to forward its observations to the Cabinet of Ministers and Parliament, that the Attorney-General has opined that the proposed Bill if enacted would violate the Compact.
“In the circumstances, I believe that the aforementioned matters would confirm the legal status of the Compact and its entry into force.”
“Copies were sent to Ms. Caroline Nguyen, Managing Director- Europe, Asia Pacific and Latin America Millennium Challenge Corporation and J. Charitha Ratwatte, Head of Policy Development and Chief of Party MCC- Sri Lanka Project.”
News
Attorney At Law S K Sangakkara pasess away
It is with deep sorrow that we announce the passing of Mr. S. K. Sangakkara, Attorney-at-Law. He was the loving husband of Kumarie, beloved father to Thusharie, Vemindra, Saranga, and Kumar, loved father-in-law to Sanjay, Nipuni, Ru, and Yehali, adored grand father to Thehan, Methvan, Nethya, Vinaya, Kaya, Seth, Kavith and Swyree.
His remains will lie at his residence in Kandy for relatives and friends to pay their last respects. We also ask that the privacy of the family be respected.
The funeral will take place on the 4th of March 2026 at 6.00 p.m. at the Mahaiyawa Cemetery, Kandy. The cortège will leave the residence at 4.30 p.m.
He will be dearly missed by his loving family, friends, colleagues, and all who knew him.
News
Socialist Alliance expresses concern over GoSL’s growing military ties with US
The Socialist Alliance, comprising the Lanka Sama Samaja Party, the Communist Party of Sri Lanka, the Democratic Left Front and the Sri Lanka Mahajana Party, in a statement issued yesterday (02) strongly and unequivocally condemned the US and Israel for killing the Supreme Leader of Iran, Ayatollah Ali Khamenei, and the latest acts of military aggression carried out by those two countries against Teheran.
“These attacks represent a grave violation of international law, an assault on the sovereignty of a United Nations member state, and a threat for uncontrollable conflict, which may escalate into a third World War,” the Socialist Alliance said.
Text of the statement: ‘The Socialist Alliance is alarmed with the growing military contacts between Sri Lanka and United States in evolving geo-political developments in the context of middle – east war and beyond.
“The Socialist Alliance condemns strongly the National People’s Power (NPP) government’s deepening military cooperation with the United States. The recent transfers of US naval and aviation assets and operational integration into US-led commands represent a dangerous abandonment of the country’s longstanding non-aligned foreign policy. It may lead to Sri Lanka being involved in US President Trump’s illegal aggression against Iran.
“According to the Ministry of Defence the United States has now provided a total of four former US Coast Guard cutters and 10 TH-57 Sea Ranger (Bell 206) helicopters to the Sri Lanka Navy (SLN) and Sri Lanka Air Force (SLAF). These acquisitions have transformed Sri Lanka into one of the largest operators of former US Coast Guard vessels in the Indo-Pacific. While the government frames the transfers as enhancing humanitarian assistance and disaster relief capabilities, the vessels’ operational history and specifications are evidence of a darker purposes.
“The two high endurance cutters of the Hamilton class are offshore patrol vessels (OPVs) most suited for deep-sea surveillance and high-seas operations. They are not merely for coastal defense, the type being commonly deployed with US Navy carrier battle groups. They are designed for power projection and are being used to integrate Sri Lanka into U.S. Central Command (CENTCOM) operations in the Middle East.
The operational deployment of these assets has already begun. The Sri Lanka Navy has committed an OPV to the US-led “Operation Prosperity Guardian” in the Red Sea and Gulf of Aden, operating under Combined Task Force 153 (CTF 153). This task force falls under the Combined Maritime Forces (CMF), which is commanded by a US Navy Vice Admiral who simultaneously serves as Commander of U.S. Naval Forces Central Command (NAVCENT) and the US Fifth Fleet, headquartered in Manama, Bahrain.
“This means Sri Lankan naval officers and ships now operate directly under US-led command structures. It provides the US with a Navy that can operate within its command framework, freeing US assets for higher-end missions, effectively making our forces a subordinate component of the American war machine.
“In a significant escalation of this integration, Sri Lanka assumed command of Combined Task Force 154 (CTF 154) in January 2025. This multinational maritime training task force, operating under the US Fifth Fleet, is responsible for training personnel across the Middle East. This is not as a sign of national prestige, but a mechanism that gives the US-led coalition greater legitimacy and deepens Sri Lanka’s entanglement in American strategic objectives.
“This must also be seen in context of the recent signing of a Defence Memorandum of Understanding (MoU) under the State Partnership Programme (SPP) between the Sri Lankan Armed Forces and the Montana National Guard in November 2025, which is a pretext for embedding US military structures within Sri Lanka.
“This is not non-alignment. This is alignment. It is a complete subservience to the US Indo-Pacific strategy, making a mockery of the principles of sovereignty and peaceful coexistence that once defined our foreign policy.
“This alignment with the US poses an immediate danger, Sri Lanka risks being dragged into the illegal US–Israeli aggression against Iran, our long-standing friend.
“The Socialist Alliance calls for,
1. The immediate disassociation of the Government of Sri Lanka and the Armed Forces from the illegal US-Israeli aggression against Iran.
2. The immediate cessation of all joint military operations with US forces, including the withdrawal of Sri Lankan personnel from US-led commands in Bahrain and the Red Sea.
3. A full public disclosure of all agreements, including the India-Sri Lanka defence MoU and the recent US State Partnership Programme agreement, whose contents remain secret.
4. A parliamentary inquiry into whether these military pacts will lead to a full Status of Forces Agreement (SOFA), potentially granting US forces access to Sri Lankan ports, airports, and military infrastructure.
5. A return to a genuine non-aligned foreign policy that serves the interests of the Sri Lankan people, not the geopolitical ambitions of foreign powers.
“The NPP government was elected on a platform of change, yet it is presiding over the most significant erosion of our sovereignty in decades. We call upon all anti-imperialist, patriotic, and democratic forces to unite in opposition to this drift toward war and the surrender of our national independence.”
News
FSP proposes self-governing regions, bicameral legislature to address national issue
Frontline Socialist Party (FSP) Propaganda Secretary Duminda Nagamuwa has said that establishment of self- governing regions, bicameral legislature consisting of two Houses and recognition of upcountry Tamils as Sri Lankans would be necessary to solve the national issue. Nagamuwa declared that the FSP was ready to spearhead the fight to achieve those objectives.
Nagamuwa, a senior member of the breakaway faction of the JVP, said so at the fourth annual convention of the party held at the Sugathadasa Indoor stadium on Sunday (01). Nagamuwa stressed that a bicameral legislature was necessary to prevent the passage of laws targeting a particular community.
Alleging that the JVP had disregarded the FSP’s advice not to pursue UNP leader Ranil Wickremesinghe’s strategy, Nagamuwa emphasised that the national problem couldn’t be resolved under the present system.
Declaring that daunting challenges couldn’t be addressed by pursuing neo-liberal policies, the FSPer reiterated their commitment to, what he called, a people-centric economic agenda.
At the onset of his speech, Nagamuwa said that the FSP launched political activities, under extremely difficult circumstances, more than one and half decades ago. Referring to the abduction and the disappearance of Lalith Kumar Weeraraja and Kugan Muruganandan, in Jaffna, on Dec, 9, 2011, Nagamuwa said that they wouldn’t give up their struggle, regardless of the continuing threats.
Commenting on its role in the Aragalaya protest that forced President Gotabaya Rajapaksa out of office, in July 2022, Nagamuwa said that the FSP joined the people at a time some declared their inability to participate in a leaderless campaign. Nagamuwa was referring to the JVP’s initial reaction to the protest campaign. According to Nagamuwa, Ranil Wickremesinghe, having received the presidency through illegal means, sought to proscribe the FSP as he resented their role in Aragalaya.
Nagamuwa also found fault with the JVP for backing Maithripala Sirisena’s candidature at the 2015 presidential election. The ex-JVPer said that his former party simply joined the group that declared that Sirisena’s victory would pave the way for the abolition of the executive presidency. The FSP Propaganda Secretary accused Anura Kumara Dissanayake of following Wickremesinghe’s harmful IMF policy that may cause significant damage to the EPF and ETF funds.
The FSP also attacked the JVP-led NPP government over the ongoing moves to introduce a new anti-terrorism law, in place of the Prevention of Terrorism Act (PTA). That move was meant to suppress democratic rights of the people and right to dissent, Nagamuwa said, while questioning, what he called, the incumbent government’s undisclosed agreements with the US and India. Nagamuwa also pointed out that those who campaigned on an anti-corruption platform were now struggling to cope up with such accusations regarding the coal procurement deal.
Nagamuwa said that either the government should take tangible measures against corruption or the crooks will take hold of the current dispensation. Anti-corruption actions wouldn’t be on political platform at any future election, Nagamuwa predicted.
Nagamuwa said that the NPP had been fragmented and it was only a question of time the current dispensation faced public protests over its policies, particularly giving in to IMF demands and India. The SJB’s Sajith Premadasa and SLPP’s Namal Rajapaksa couldn’t fill the political vacuum caused by the disintegration of the NPP, Nagamuwa said that their move was to empower the people.
Nagamuwa said that those who propagated racism to grab power couldn’t succeed again. According to him such projects couldn’t achieve political objectives, Nagamuwa said while referring to several incidents, including the burning of the Jaffna library and violence in Darga town.
By Shamindra Ferdinando
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