US-SL Draft SOFA Reveals American Plan To Turn SL Into Military Colony But Mangala Says ‘No Danger’

U.S. troops | File photo

JUNE 30, 2019

The draft copy of the ‘Status of Forces Agreement’ indicates a deep rooted plan by the U.S. to turn Sri Lanka into an American military colony.

The full text of the five page SOFA draft – which the Americans now also call the Visiting Forces Agreement to mislead locals – has been obtained by the Sunday Times and published in full.

The text reveals incriminating details of demands made by the U.S. to accommodate their military forces and the free movement and passage for military personnel, vessels and aircraft in Sri Lankan territory.

It also raises many questions regarding the U.S. agenda for Sri Lanka and raises serious doubts on the assurances given by U.S. Ambassador Alaina B. Teplitz that a U.S. military base would not be established in the country.

One of the agreement clauses specifically refers to waiving off of regulations or conditions for contracting material, equipment and supplies for services including constructions that are to be ‘furnished and undertaken in Sri Lanka’.

What constructions the American military seek to undertake in Sri Lanka, has not been clarified yet.

Among the other demands that pose serious issues for national security, sovereignty and territorial integrity, is the demand to waive off criminal jurisdiction over U.S. personnel while in Sri Lanka, free exit and movement within the territory of Sri Lanka and the use of radio spectrum in the country.

The clause to waive off Sri Lankan criminal jurisdiction over US troops on Lankan territory has however been objected to and rejected by Foreign Minister Tilak Marapana during the recent U.S – SL partnership dialog. During a debate over the SOFA in Parliament, Minister Lakshman Kiriella also assured it has not been agreed upon and will be amended.

Outspoken Minister Mangala Samaraweera who is named as a party who pushed the SOFA signing forward without consultation of the Defense Ministry, at a press conference last week continues to assure the agreement poses no danger and instead warns the delay to move forward with the signing, could lose economic benefits and major job opportunities for Sri Lanka.

Among others who support SOFA are those who claim of possible loss of economic benefits, by being ‘unwelcoming’ of U.S. troops.

This however is a grossly misleading statement, given that demands made in the draft SOFA call for due payments including landing fees, port fees, pilotage charges, literage, harbour fees, payment of navigation, overflight and terminal charges, taxes, tolls and similar charges at Ports, Airports and other facilities to be waived off.

In cases where they may be settled by the U.S. Department of Defense – the agreement demands the charges be no more than what is paid by the Sri Lankan military.

This is much like the claim made by the U.S. Embassy in 2017 when the USS Nimitz visited Sri Lanka and the Mission claimed the visit would approximately add Rs. 1.5 billion to the Sri Lankan economy.

Fact is not a single U.S. military personnel from the Nimitz aircraft carrier actually came on shore and engaged in ‘local economy boosting’. The troops did not come on shore claiming ‘logistical issues’ while the aircraft carrier was seen in the distant horizon throughout the duration of its visit to Sri Lanka.

The agreement also calls for exemptions from any inspections, licenses, customs duties, taxes and other restrictions or charges assessed within Sri Lanka as well as freedom from boarding and inspection, which means no local law enforcement or military authority including Sri Lanka Navy or Coastguard would have a say in U.S. military vessels or their troops nor be subjected to local laws while in Sri Lankan territory.

Below is the full text of the draft SOFA as published in the Sunday Times:

28TH August 2018

(1) The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka and has the honour to refer to recent discussions between representatives of our two Governments regarding issues related to United States (U.S) military and civilian personnel identified as members of the U.S Department of Defence, respectively, hereafter referred to collectively as U.S. personnel) and U.S. contractors (defined as non-Sri Lankan companies and firms, and their employees who are not nationals of Sri Lanka, under contract to the U.S. Department of Defence who may be temporarily present in Sri Lanka in connection with ship visits, training, exercises, humanitarian activities, and other activities mutually agreed. Companies and firms, and their employees, not under contract with the U.S. Department of Defence shall not receive any privileges and exempt under this Agreement.

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