SRI LANKA: GOVERNMENT PLANS TO RELEASE ACSA

C O N F I D E N T I A L COLOMBO 001017

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS AND PM
SECDEF FOR OSD
PACOM FOR J-4/5 (ROURKE)

E.O. 12958: DECL: 07/19/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT PLANS TO RELEASE ACSA
ANNEXES ON JLY 20

Classified By: Charge d'Affaires, James R. Moore, for reasons 1.4(b,d).


1. (C) SUMMARY: Opposition parties are trying to make
political hay out of the GSL's execution of an Acquisition
and Cross-Servicing Agreement (ACSA) with the USG. At the
time it was signed on March 5, 2007, by Defense Secretary
Gothabaya Rajapaksa and Ambassador Blake, Embassy issued a
short press statement about the agreement. We told the GSL
at the time that we would not release the text of the
agreement itself, but had no objections should the GSL decide
to do so. We suggested they not release the annexes,
however, because these contain sensitive names and telephone
numbers. The Sinhalese left-wing nationalist Janatha
Vimukthi Peramuna (JVP) has since filed a "fundamental
rights" case in the Supreme Court to force the GSL to release
the annexes. The JVP and the principal opposition United
National Party (UNP) have both criticized the GSL for its
"secret" deal with the U.S. On July 19, Presidential Chief
of Staff Lalith Weeratunga contacted Charge to ask whether
the U.S. would object to public release of the ASCA annexes.
On July 19, the nationalistic daily "Island" published an
article stating that the GSL plans to release the annexes.
Government Minister Jeyaraj Fernandopulle confirmed to us
privately that the GSL plans to table the texts of the
annexes in Parliament on July 20. However, Fernandopulle
said that the GSL plans to redact out sensitive contact
information in the operational annexes, including telephone
numbers. Embassy's Office of Defense Cooperation (ODC)
consulted U.S. Pacific Command (PACOM) concerning the public
disclosure of the annexes. PACOM J45 told us the ACSA was a
legal, unclassified document, and noted that other countries
have disclosed the texts of the annexes in the past. SCA/INS
please see urgent action request in paragraph 6. END SUMMARY.

BACKGROUND
--------------


2. (C) On March 5, 2007, Defense Secretary Gothabaya
Rajapaksa and Ambassador executed a standard ASCA to allow
the USG and GSL to transfer and exchange logistical supplies,
support, and re-fueling services during peacekeeping
missions, humanitarian operations and joint exercises. Sri
Lanka became the 90th country with which the USG has signed
an ASCA. Embassy issued a press statement on the day of the
signing. We advised the GSL that we did not plan to release
the text of the agreement, but that they were free to do so.
We suggested that it would be best not to publish the
annexes, which are full of logistical data, including
sensitive telephone numbers, telex addresses, and other data.



3. (C) The ACSA subsequently became a political football.
For several months the JVP has complained about the legality
of the GSL's "secret" agreement with the USG, fomenting fear
among its political base of hard-line Sinhalese nationalists
that the USG has induced Sri Lanka to sign an agreement
inimical to its own security interests. As part of this
attack, the JVP filed a fundamental rights case with the Sri
Lanka Supreme Court seeking public release of the annexes.
The GSL has taken the position that it will not release the
annexes while the litigation is pending. On Monday, July 15,
both the JVP and the primary opposition party, the UNP, began
clamoring in Parliament for public release of the ASCA
annexes. (Note: the UNP, with its pro-U.S. orientation,
nevertheless seems intent on capitalizing on what it sees as
a potential administration weakness.) Parliament was briefly
suspended when the JVP stormed out in protest over the
President of Parliament's refusal to allow Parliamentary
debate on the issue.

NOTHING TO HIDE
--------------


4. (C) The nationalistic daily "Island" reported on July
18 that the GSL plans to publicly release the annexes to
demonstrate that it has nothing to hide. Also on July 18,
Charge received a call from Presidential Chief of Staff
Lalith Weeratunga, who reported that President Rajapaksa,


following a Cabinet meeting on the subject, would like to
know whether the USG would object to the release of the ASCA
annexes. In response to Weeratunga's question, Post
consulted with PACOM J45, which stated that ASCA and it
annexes constitute an unclassified legal agreement that can
be publicly disclosed by either side. PACOM added that
certain other countries have chosen to publish the annexes.
Minister Jeyaraj Fernandopulle told us that the GSL would
release a redacted version of the annexes to Parliament
tomorrow, July 20.


5. (C) COMMENT: It will be impossible to stop the public
disclosure of the annexes once Parliament is given copies.
Inevitably, this issue will become even more of a cause
celebre, with the opposition parties seeking to manufacture
an implication of impropriety. As the political liability
presently is being borne by the Sri Lankan government, we are
inclined to accept their judgment on the best way for them to
handle the political fallout. They are probably correct that
withholding the annexes from Parliament would simply inflame
the debate. However, Post will recommend to the GSL that it
redact out the names and telephone numbers, and other
sensitive contact information from the annexes.

ACTION REQUEST
--------------


6. (C) Embassy requests that SCA, PACOM or other concerned
agencies convey to us any objections to the disclosure of the
ACSA annexes by close of business on January 19 so that we
can take timely action if required.
MOORE