Just as Pubharakan’s Eelam, Port City also leads to a separate country – Attorney-at-Law Harshana Nanayakkara

“Why set up a separate unit for Port City? My short answer is to set up a separate state. The sub-documents of the proposed draft reveal several hazardous situations. If Prabhakaran had created Eelam, the laws of that country would not have affected our country. Also, this Bill makes the laws of our country not effective in the port city,” says Attorney-at-Law Harshana Nanayakkara.
“This Bill has been presented by the government in an immoral emergency. We saw this when the government came to power. Whether the proposed Bill is unconstitutional or not and whether it is good or bad for the people of this country needs to be resolved first. Of the 14 petitions before the Supreme Court, only the question of whether the Bill is constitutional or not would be probed. Otherwise, the Supreme Court will not decide whether this is good or bad for the country and the people. For example, the Supreme Court has ruled that dual citizenship is constitutional.
However, we realize the damage done to the country if a dual citizen holds an important position or presidency in the country. The Supreme Court will not rule on such a situation. Therefore, my main focus is to point out some of the dangerous situations in the proposed draft. Questions are raised as to why the Port City is being criticized for bringing foreign exchange to the country and strengthening the economy. If it is to provide relief to attract investors, the Board of Investment Act and the Strategic Development Act are adequate. The transfer of the Shangri-La Hotel and the Hambantota Port to China is done through these two Acts. What I am saying is that these bills are enough to give relief to investors.
If so, why set up a separate unit for Port City? My short answer is to establish a separate state. The sub-documents of the proposed draft reveal several very dangerous situations. If Prabhakaran had created Eelam the laws of that country would not have affected our country. Also, there is a situation in this Act where the laws of our country are not affected. It does not say that the members of this commission should be Sri Lankans. Therefore, even Chinese nationals can be appointed as the commissioners. For example, according to Section 7.1 of the Urban Development Authority Act, no one other than a Sri Lankan can hold a post in that authority. Why is the proposed bill silent on that? Is this situation good for the country?
On the other hand, how do you get an environmental certificate for construction in this area? There is a requirement that the Commission should give environmental approval for any project. This is how they act despite stating one country, one law.
Investments in this region should be done with foreign currency. Relevant foreign currency cannot be used through a bank in this country. Due to this, there is no room for small and medium scale entrepreneurs in our country. Also, Article 37 of the draft is very important. Although the government is bragging about a national economy, this article states that any investor who comes to Port City can invest in Sri Lanka outside it. So what happens to business people in our country, regardless of whether it is constitutional or not? Can they compete with this international capital? People in business in our country do not get the tax relief that these people get. Therefore, this is contrary to Article 12.1 of the Constitution. Everyone does not get the same rights.
Also, this Bill does not say anything about the rights of the sea and the coast around Pot City. Who gets those resources? The Bill is quiet about it. The appointed commissioners’ decisions cannot be contested in courts. Even though they are called international arbitrators, they act as a court. Accordingly, the courts of our country do not have jurisdiction over this territory. Is our country a unitary state, then?
The sovereignty of the people and the judiciary will not function in this region. How do these Commissioners deal with matters about Provincial Councils? The constitution of our country is being violated in various aspects like this. It is up to the government and the people to decide whether these conditions are good or bad. Therefore, I emphasize that a referendum must be held on this Bill. We fought for 30 years to save our country. Now we have to fight to save the country from the man who came to save the country. Therefore, I will tell Gotabhaya Rajapaksa the way he understands. Mr. President, Port City, is ugly, shameful and disgraceful.”