Operationalising Defence MoU

Now that it is signed, focusing on creating effective operational mechanisms and systems may be the best solution

- By Austin Fernando

THERE is consternation about the recent Memoranda of Understanding (MoUs) concluded between the Sri Lankan and Indian Governments, making ripples of suspicion and criticism. The most critiqued is the Defence MoU (DMOU).

Initially, troubleshooters demanded to know the contents of seven MoUs, counted 10 in the Indian media. An MoU is non-binding, outlining intentions and potential outcomes. Since the DMoU Article 9 provides for amendments and supplementing, its course correction is possible.

Unstable stances

Minister Vijitha Herath stated that the MoUs could be obtained under the Right to Information Act (RTI). Everyone knew that it was a ruse to delay the dissemination of MoU content. It happened so too.

The RTI, Section 5 restricts the sharing of information, if disclosure undermines “the defence of the State or its territorial integrity or national security” or “is likely to be seriously prejudicial to Sri Lanka’s relations with any State, or in relation to international agreements or obligations under international law, where such information was given by or obtained in confidence.”

The query is why the country’s defence is kept in confidence with a foreign state and kept secretive from the citizens. By ill luck, if the DMoU undermines the defence, territorial integrity, or security, hiding it could cause irreparable damage, even to the sovereignty of the country. Hence, non-disclosure is not only drowning transparency.