Does Sri Lanka’s Parliament/Judiciary/legal fraternity realize MCC is clipping its powers for 5 years?
The MCC is not just any ordinary agreement. It is an agreement that is signed between 2 Governments, passing 10 land registries to a newly created company called MCC Sri Lanka Pvt Ltd. So a government to government agreement creates a company to which funding is to be disbursed and this company whose aims & objectives have yet to be finalized is having its entity passed by Sri Lanka’s Parliament (God knows why), removes the role of the Judiciary to adjudicate and disallows the Citizens any legal remedy for grievance on account of the immunity that MCC/MCA will be given for 5 years.
The fundamental principle in a country is the functioning of Parliamentary supremacy and the Rule of Law exercised by the Constitution & the Judiciary. However, this one agreement is clipping the powers of both Rule of Law & Role of Judiciary for 5 years and in so doing it is negating the inalienable right of the citizens’ sovereignty. These are all violations of international code of ethics and laws.
How will MCC clip the Powers of Sri Lanka’s Parliament – Judicial – People?
MCC proposes to do so in 3 ways:
- By having MCC passed by Parliament enforcing Section 80 (3) of the Constitution becomes applicable “where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act on any ground whatsoever”
https://www.parliament.lk/files/pdf/constitution.pdf
- By Section 6.8 – Immunity for MCC wherein IMMUNITY clause denies any action by any of Sri Lanka’s Courts against MCC/MCA Sri Lanka. Please note: the very quote used in Sri Lanka’s Constitution Section 80(3) is requoted in MCC Agreement Section 6.8. This means Sri Lanka’s Supreme Court, Court of Appeal, High Court, Magistrate’s Court will have no jurisdiction to inquire into any loss, damage, injury or even death arising out of MCC activities or omissions in Sri Lanka for 5 years. If the judiciary has no role it means the lawyers have no role either. Are judges and lawyers aware of this scenario?
- Bim Saviya further throttles role of Judiciary/legal fraternity in land adjudications which will be seen when all land deeds become registered under Bim Saviya & Sri Lanka’s judiciary and land lawyers will find they can no longer adjudicate in land matters.
Why does MCC need to be passed by Parliament?
Sri Lanka has had many foreign investments, there are many foreign companies with liaison offices operating in Sri Lanka but none of these companies have opened shop after having its operations passed by Sri Lanka’s Parliament – so why does MCC need to be passed by Parliament?
Why is Parliament ceding its powers to a private company administered by a foreign government for 5 years?
MCC Section 6.8 is devolving powers of the Parliament to the MCC/MCA for a period of 5 years to a totally private company to do what the State has been thus far elected to do. Is this not a frightening thought? Have Parliamentarians not realized the implications of such a hand over?
Why are the “I Know the Law” legal fraternity in Sri Lanka silent?
Are they not in a better position to read the clauses and understand the implications & dangers for Sri Lanka’s sovereignty, for People’s sovereignty, for legal sovereignty of Sri Lanka?
If laymen can understand the impending dangers on 3 fronts – to Parliament – to the Judiciary and to the People’s Sovereignty why is it not being understood by politicians, the Judges, the lawyers and the advisors?
So MCC Agreement is in brief usurping Parliament’s powers for 5 years, Judicial powers for 5 years and People’s powers for 5 years because when passing MCC agreement in Parliament Section 80 will come into effect which means any Bill that comes into law cannot be challenged. So the people’s sovereignty is also usurped by MCC for the next 5 years.
Are we to revisiting 1815 with this handover of our sovereignty for a paltry $480million?
Sri Lanka’s leaders must answer if the premium for economic growth via a ‘gift’ is more valuable than protecting Sri Lanka’s Land Rights & Human Rights?
Shenali D Waduge
