Attorney General Dappula de Livera yesterday informed the Supreme Court that the Government has taken a decision not to sign the controversial Millennium Challenge Corporation (MCC) Compact.
Additional Solicitor General Farzana Jameel informed the Court that the Minister of Finance had given instructions indicating that the Government will not proceed with the MCC Agreement.
The Additional Solicitor General further said that MCC Board had also decided to discontinue the proposed MCC development assistance grant to Sri Lanka.
Farzana Jameel made these remarks when the four Fundamental Rights petitions filed against MCC, Status of Forces Agreement (SOFA) and, Acquisition and Cross Servicing Agreement (ACSA) were taken up before the Supreme Court.
ASG Farzana Jameel said the Government has not taken any decision to proceed with Acquisition and Cross Servicing Agreement (ACSA).
However, she said the Status of Forces Agreement (SOFA) has been signed in 2017.
A Supreme Court three-Judge Bench comprising Justices Preethi Padman Surasena, Gamini Amarasekara and A.H.M.D. Nawaz fixed the petitions to be mentioned on July 12. The petitioners were directed to present their stance regarding the petitions on the next date.
Four petitioners including the Government Medical Officers Association (GMOA), Attorney-at-Law Darshana Weraduwage and Attorney-at-Law Premanath C. Dolawatte had filed these Fundamental Rights petitions naming the President, Finance Minister and Cabinet of Ministers as respondents.
In its petition, the GMOA had sought an interim order staying all approvals and decisions issued by anyone in respect of the MCC Compact, SOFA and ACSA.
The petitioners representing the GMOA including its President Dr. Anuruddha Padeniya filed this petition naming 38 respondents including the Finance Minister and the Cabinet of Ministers.
The petitioners sought a declaration that their Fundamental Rights guaranteed under Articles 12 (1) and/or 14(1)(h) of the Constitution, have been infringed and continue to be infringed by the Cabinet of Ministers when granting approval for the execution of the MCC Compact with the Millennium Challenge Corporation of the United States of America.
The petitioners state that in the event that the purported MCC Compact is signed or executed in Sri Lanka, it will undoubtedly erode and impinge on the fundamental tenet of Sovereignty of the Country, which the Constitution expressly provides to be “Free, Sovereign and Independent”.
The Petitioners state that the purported ACSA was entered into in the year 2007, between the Department of Defence of United States of America and the Defence Ministry - Democratic Socialist Republic of Sri Lanka, and it was valid for only 10 years. Thereafter, upon the expiry of the said agreement, the Sri Lankan Government entered into a fresh ACSA Agreement with 50 annexures in 2017. The Original Agreement which was a very simple agreement which consisted of only eight pages, subsequently in 2017, was converted into an extensive, exhaustive and extensive agreement, which contains more than 80 pages, the petitioners stated.
The petitioners state that the said the new purported ACSA is heavily in favour of the United States of America and its Citizens, and accordingly, is against the national interests of Sri Lanka.
President’s Counsel Sanjeewa Jayawardena appeared for GMOA while Senior Counsel Canishka Witharana appeared for petitioner Premanath C. Dolawatte.
