US seeks sweeping military privileges in Lanka
Under SOFA, American troops need no passports or visas to enter Sri Lanka; its vessels or aircraft cannot be checked; not liable to taxes
A draft copy of the Status of Forces Agreement (SOFA), now under negotiation between the United States and Sri Lanka, obtained by the Sunday Times, reveals a number of Washington’s demands that would impinge on Sri Lanka’s sovereignty.
The US is seeking that aircraft and vessels of the US Government to be free from boarding and inspection. This means none of the state security arms, like the Navy, Coast Guard or the Customs can board any US military vessel or aircraft when it is in a Sri Lankan airport or sea port -- or even vehicles on land and helicopters, an internationally accepted sovereign right of a country. The US wants exemption from licence, Customs duties, taxes and any other charges within Sri Lanka.
This is not all. The US is also seeking authorisation for its troops to wear uniforms whilst “on duty” in any part of Sri Lanka, carrying arms and radio communications equipment.
Both in terms of the Sri Lanka Constitution and normal laws, only the armed forces and the Police are empowered to carry out this task. The only exceptions are Sri Lankans who are authorised by licence. In addition, Washington wants US troops and contractors to be allowed to enter and leave Sri Lanka, individually or collectively, with the use of only their US identification. This will mean they will carry no passports or visas.
Finance Minister Mangala Samaraweera who together with the then Foreign S e c r e t a r y, Prasad Kariyawasam, is promoting the SOFA told a news conference at his Ministry on Wednesday that this agreement was “harmless” and was “not a danger.” He cautioned that Sri Lanka would lose its exports to the US and also new employment opportunities if this was not accepted.
The duo also backed the Acquisition and Cross Servicing Agreement ( ACSA) signed on August 4, 2017. The then Defence Secretary, Engineer Karunasena Hettiaratchchi told President Maithripala Sirisena that the draft ACSA was rushed for approval by the Cabinet because of the pressure mounted on him by Minister Samaraweera and Secretary Kariyawasam.
This was even before all armed forces commanders gave their comments. The Sinhala version of the annexures that contained almost all units of the US forces that could set foot on Sri Lanka was not forwarded to the ministers but only the English version.