Addressing the eighth general convention of the CPN-Maoist Center, the Prime Minister and President of the Nepali Congress Sher Bahadur Deuba had urged the people to speak about MCC only after reading it. He said, “If MCC is treason, I don’t want it either.” “I am also the Prime Minister of Nepal. Can I ever go against Nepal’s nationality? ” I am also a person who fought for the nation, why should I make such a traitorous treaty? He asked.
I felt, that question of Prime Minister Deuba was also for me as a citizen. Then I downloaded the MCC Agreement from the MCC website. I called CPN-UML leader Bhim Rawal and asked for a report prepared by a task force formed under the coordination of UML leader Jhala Nath Khanal to study the MCC during the KP Oli government. After reading the report sent by the leader Rawal and the MCC agreement, I have a question for Prime Minister Deuba. Mr Prime Minister, have you read the MCC agreement?
Listening to your statement, it seems that you have not read the MCC agreement at all. If you had read it, you probably wouldn’t have stood on that Maoist platform and talked so loudly about nationalism. Like you said, I also believe that you are a man who fought for the nation. You have made a great and important contribution to the national politics of Nepal. But while saying that we will not sign any treaty that betrays the nation, it is time to learn from the shortcomings of history. What have we gained and what have we lost from so many treaties and agreements made in the past? So, Mr Prime Minister, you should study the MCC agreement once and for all, because this agreement is not in the national interest.
First of all, this is not the “free” money you think and say. This is a conditional investment by the United States to fulfill its self-interest, as Randy Berry, the current US ambassador to Nepal, made clear in an interview with Bhushan Dahal. It’s an investment. ”This is not a development assistance. It’s an investment. “
Many of the provisions of the MCC agreement, which have been drafted with many provisions against Nepal’s law, nationality and sovereignty, are in conflict with each other. If these provisions are passed by the parliament and implemented on Nepali soil, it will weaken Nepal’s law and national integrity in the long run. Mr Prime Minister, while you are saying that you will not make any treasonous treaty that betrays the nation, I have nothing to say to you, if you think that the provisions of MCC agreement considered traitorous are in the best interest of this country. But I will always speak out against it. I will keep writing, until the treaties you signed are really in the interest of the country. I can say with certainty that, Mr Prime Minister, you have not read the MCC agreement at all. You may not have time to read such a long agreement, so I have collectively mentioned some of the clauses of the agreement, which are very flawed and dangerous for Nepal, please do read.
Of the MILLENNIUM CHALLENGE COMPACT (AGREEMENT)
Article-3, Section 3.2 Government Responsibilities:
(F) The Government grants to MCC a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to practice or have practiced on its behalf (including the right to produce, reproduce, publish, repurpose, use, store, modify, or make available) any portion or portions of Intellectual Property as MCC sees fit in any medium, now known or hereafter developed, for any purpose whatsoever.
Not only that, in Section 5.5 of Article 5 of the MILLENNIUM CHALLENGE COMPACT (AGREEMENT), it says:
Section 5.5 Survival. The Government’s responsibilities under this Section and Sections 2.7, 2.8, 3.2(f), 3.7, 3.8, 5.2, 5.3, 5.4 and 6.4 will survive the expiration, suspension or termination of this Compact, provided that the terms of Section 2.8 will survive for only 120 days following this Compact’s expiration.
It means, even though the duration of the project is advertised as 5 years, it is clearly stated that MCC will remain in Nepal indefinitely as per the section 5.5 Survival of Article 5 MILLENNIUM CHALLENGE COMPACT (AGREEMENT) above, even after the suspension or termination of the contract. It seems that no claim or ownership of the property under this program will remain under the authority of Nepal indefinitely. If any Gold mine, petrol mine or uranium is found in any part of Nepal where the project will be operated tomorrow, it will be the property of MCC. Not only that, all the trees that comes under the working area of MCC will be under the jurisdiction of MCC. If not, it is important to clarify what sort of property comes under intellectual property mentioned here and It should also be clarified, how long such assets will remain the assets of the program
Similarly, Section 5.8 of Article 5 of the PROGRAM IMPLEMENTATION AGREEMENT also mentions the same sort of provision.
Section 5.8 Survival. Notwithstanding any expiration, suspension or termination of this Agreement, the following provisions of this Agreement will survive: Sections 1.2(b) (i), 1.2(b)(ii), 2.11, 4.2, 5.1, 5.2, 5.3, 5.8, 5.9 and 5.10.
This provision too is the green card for MCC to stay in Nepal Indefinitely.
Mr.Prime Minister, I find this provision treasonous. What do you think about this?
Indicating, this or that provision will also be applicable to the provisions below or above, Overall, This compact agreement is written in a very confusing way. Article-3, Section 3.2 and Section 5.5 of Article 5 mentioned above are just an example of how the MCC agreement as a whole has been framed in a way that is complicated to understand. Well, you might say, there is nothing wrong with the way it’s written. But the constitution of any country even, might not have been written in such a complex and twisted way as it is written by this project.
Accordingto the PROGRAM IMPLEMENTATION AGREEMENT In the Article 1 Section: 1.3 b (i) (B) (C), Article 3, Section 3.4(b)2 the terms any other Supplemental Agreement or the Program Guidelines has been mentioned. Likewisein the Article 5 Section 5.6 of PIA and ARTICLE 5 section 5.1 (b)(i) and Article 6, section 6.3 (b) of MILLENNIUM CHALLENGE COMPACT (AGREEMENT) the term supplemental agreement or implementation plan document/program guidelines has been mentioned several times. It means there are other supplemental documents that have not yet been disclosed to the public. Not only to the public, even the task force formed under the convener of UML leader Jhala Nath Khanal to study the MCC during the KP Oli Government didn’t get a chance to read those supplemental agreements. Which they have mentioned in the report, that the supplemental documents have not been provided but it is necessary to study those documents.
Mr Prime Minister, have you read those supplementary agreements? Of course, you may have read the supplementary agreement that the task force formed to study MCC did not get to read and said that MCC is not treasonous. But I have only read the MCC Compact Agreement and the Program Implementation Agreement. All the provisions written in this agreement will detriment the country. So I say, MCC is treasonous.
Similarly, let’s look at the other clauses.
(Program Implementation Agreement) Article 5, Section 5. 6 Inconsistencies
In the event of any conflict or inconsistency between this Agreement and the Compact, the terms of the Compact will prevail. In the event of any conflict or inconsistency between this Agreement and any other Supplemental Agreement or any Implementation Plan Document, the terms of this Agreement will prevail.
Millennium Challenge Agreement (Compact)
Article 6, Section 6.3 Inconsistencies
(B) In the event of any conflict or inconsistency between this Compact and any other agreement between the Parties regarding the Program, this Compact will prevail.
Millennium Challenge Agreement (Compact)
Article 7, Section 7.1 Domestic Requirements. The Government will proceed in a timely manner to complete all of its domestic requirements for this Compact to enter into force. The Parties understand that this Compact, upon entry into force, will prevail over the domestic laws of Nepal.
It means, the MCC agreement is bigger than the constitution and law of Nepal. Tomorrow, in case of contradiction between the MCC agreement and the law of Nepal, the law of Nepal will be rejected and the MCC law will be recognized.
Mr Prime Minister, I thought you were proud of being a part of this constitution, who had shed half of the life for it. Isn’t it you, who used to say we fought with Ranas and king for this constitution? Now, don’t you feel any proud about the constitution that you have shed your blood for? You should be proud that this is the constitution issued during the prime ministership of late Sushil Koirala, due to which, even today the Congress cadres call late Sushil Koirala the father of the constitution. Or, is it because it was issued during Koirala’s tenure that you have no sympathy and respect for the constitution of this country? How could a project of $ 55 billion be greater than the law and constitution of our country Mr Prime Minister?
Mr Prime Minister. Now please explain to me, how is this agreement not treasonous? Have you really read this agreement?
MILLENNIUM CHALLENGE AGREEMENT (COMPACT) Article 6
Section 6.4 Governing Law. This Compact is an international agreement and as such will be governed by the principles of international law.
PROGRAM IMPLEMENTATION AGREEMENT
Article 5, Section 5. 10 Governing Law.
The Parties acknowledge and agree that this Agreement is an international agreement entered into for the purpose of implementing the Compact and as such will be interpreted in a manner consistent with the Compact and will be governed by the principles of international law.
According to the provision, that the agreement is governed by the principles of international law. But MCC is a bilateral agreement or agreement related to a project. According to the Vienna Convention on the Law of the Treaty, this treaty applies only to the agreements made by international organizations and to the agreements under international organizations (Vienna Convention, Article 5). MCC is a national institution, not an international one. Therefore, the agreement made by such an institution is not governed by international law. Therefore, the Parliament should not pass this agreement in a way that gives legitimacy to the provisions that deprive Nepal of its sovereign rights.
MILLENNIUM CHALLENGE AGREEMENT (COMPACT) Article 6
Section 6.8 MCC Status. MCC is a United States government corporation acting on behalf of the United States Government in the implementation of this Compact. MCC and the United States Government assume no liability for any claims or loss arising out of activities or omissions under this Compact. The Government waives any and all claims against MCC or the United States Government or any current or former officer or employee of MCC or the United States Government for all loss, damage, injury, or death arising out of activities or omissions under this Compact, and agrees that it will not bring any claim or legal proceeding of any kind against any of the above entities or persons for any such loss, damage, injury, or death. The Government agrees that MCC and the United States Government or any current or former officer or employee of MCC or the United States Government will be immune from the jurisdiction of all courts and tribunals of Nepal for any claim or loss arising out of activities or omissions under this Compact.
It means, MCC is America and America can do anything they like. The MCC and its employees will be exempted from any of the incidents they have done, even if it results in loss of property or loss of life. So, who can take a guarantee that MCC in near future will not do any such things that may cause the loss of property or life when they will be immune from the jurisdiction of all courts and tribunals of Nepal.
Mr Prime Minister, are you reading this? So now put your hand on your chest and say, how can this agreement not be treasonous after it gets through the Parliament?
(PROGRAM IMPLEMENTATION AGREEMENT) Article 5
Section 5.4 Amendment; Waivers. The Parties may amend this Agreement only by a written agreement signed by the Parties. Such agreement will provide how it enters into force; provided, however, that the Government and MCC may by written agreement, signed by the Principal Representative or any Additional Representative of each Party and which will enter into force upon signature, modify any schedule hereto. The Parties understand that any modification of this Agreement may be entered into by the Government without the need for further action by the Government (including any parliamentary action), or satisfaction of any additional domestic requirements of Nepal. Any waiver of a right or obligation arising under this Agreement will be effective only if provided in writing.
Millennium Challenge Agreement (Compact)
Article 6, Section 6.2(c)
The Parties understand that any modification of any Annex pursuant to Section 6.2(b) may be entered into by the Government without the need for further action by the Government (including any parliamentary action), or satisfaction of any additional domestic requirements of Nepal.
ANNEX I
C. IMPLEMENTATION FRAMEWORK
1. MCA-Nepal
(a) Structure and Establishment.
The Government will establish MCA-Nepal as a development board through passage of a formation order approved by the Council of Ministers and published in the Nepal Gazette. Development boards are independent and flexible entities, and are commonly used in Nepal to implement a variety of projects including foreign grant or loan-funded projects. MCA-Nepal will have full decision-making autonomy, including, inter alia, the ability, without the consent or Annex I-10 approval of any other party, to: (i) enter into contracts in its own name, (ii) sue and be sued, (iii) establish an account in a financial institution in the name of MCA-Nepal and hold MCC Funding in that account, (iv) expend MCC Funding, (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents, and (vi) competitively engage one or more auditors to conduct audits of its accounts.
In addition, Article 3, Section 3.2(b) Millennium Challenge Agreement (Compact) states that MCA NEPAL will have the authority to act on behalf of the Government with regard to all Program activities. Likewise Article 1.Section 1.3(b) (i) (a) of (PROGRAM IMPLEMENTATION AGREEMENT) states that MCA-Nepal has the power and authority to bind the Government to the full extent of the Designated Rights and Responsibilities. However, Article 1,Section 1.3(b)8 of (PROGRAM IMPLEMENTATION AGREEMENT) states that If MCA-Nepal is held liable under any indemnification or other similar provision of any agreement, then the Government will pay such indemnity in full on behalf of MCA-Nepal and will not use MCC Funding or any Program Assets to satisfy such obligation. In addition, the Government will indemnify and hold harmless each member of MCA-Nepal’s Board of Directors (including each Observer), each member of any Stakeholders’ Committee and each of MCA-Nepal’s Officers and employees from any claim, loss, action, liability, cost, damage or expenses incurred by such person in the performance of its duties on behalf of MCA-Nepal, provided, however, that the Government will have no obligation to indemnify any such person if and to the extent that any such claims, losses, actions, liabilities, costs, damages or expenses are attributable to the fraud, gross negligence or willful misconduct of such person; and provided further, that the Government will not use MCC Funding or any Program Assets to satisfy its obligations under this Section 1.3(b)(viii)
It means if any amendments need to be made to the agreement, it won’t be necessary to take the issue to the parliament or any other administrative process of Nepal. MCA-Nepal may do so with the approval of MCC without any discussion or meetings with Nepal government. Anything that MCC wants can be easily included in the agreement and MCA-Nepal has the sole and unrestricted right in all programs and projects. The Government of Nepal will have no role in that and MCA-Nepal will have to do so with the prior written permission or consent of the MCC. In other words, MCA Nepal is an organization representing the Government of Nepal, which can make any decision without consulting the Government of Nepal, but it cannot breathe without consulting the MCC. As per the agreement, MCA-Nepal seems to be accountable to the MCC, not to the Government of Nepal. However, in case of any mistake made by the MCA, the Government of Nepal will have to pay the amount of compensation regarding the damage made by mistake to the MCC and the government will not be able to compensate or take any action against any employee of MCA Nepal. Although the MCA is said to be an institution representing the Government of Nepal, the agreement stipulates that the Government of Nepal should be subject to the MCA and that the Government of Nepal could not even supervise the work of MCA Nepal.
This agreement is written in such a way that Nepal needs a permission from MCC almost for everything regarding the project. Nepal can do nothing without the prior consent of MCC. Such provisions are stated in (Program implementation agreement, Article-1, Section 1.2(b) (i) (b) and 2 and Article-2, Section 2.9 and many other clauses and sections. MCC may terminate or suspend this Agreement at any time without any conditions or responsibility, but the agreement is written in a way to bound Nepal with greater responsibility if Nepal is bound to do so. In case of delay in the amount to be paid by Nepal, Nepal will have to pay the interest of that amount to MCC, according to Millennium Challenge Agreement (Compact) Article-5, Section 5.3(a), Section 5.4 and Article-2, Section 2.8(c). In case of suspension of the program (Program implementation agreement, Article-4, Section 4.2) Nepal will have to reimburse the MCC for the expenses incurred, with interest. However, there is no mention of Nepal’s 140 million dollars of investment In case of suspension of the program, even when, MCC is subject to have the sole right of the interest received from the deposited amount to the bank. According to the (Program implementation agreement, Article-1, Section 1.2 (b) (i) (a)) the existing law of Nepal and the law to be enacted later will not have any effect on the issue of property claim.
Mr Prime Minister, what kind of grant and free money are you dreaming of? While MCC is taking back from us with interest, from every article and section of the agreement. Mr Prime minister, we have not forgotten that the dream you showed of billions of rupees coming from the Mahakali Treaty every year.
The MCC will have a monopoly from the decision making to the appointment. Provisions have been written in such a way that the MCC’s approval is required to know who came or what came inside the country under the cover of MCC. According to Annex-V, (a) The Government shall prepare and send to the MCC a plan which is satisfactory in essence and form, and in sending such a plan, the Government of India must have endorsed the plan.
Mr Prime minister, as the prime minister of an independent country, are you ready to hand over your rights of decision making within the limits of the law and the constitution of the country to India? What precedent do you think it sets in tomorrow’s agreements with other countries? If you still think you are ok with it, please clarify, what else do you intend to hand over to India?
There are a number of contradictory issues in the MCC agreement that are in conflict with each other and are contrary to Nepal’s laws and nationality. If I started mentioning all these agreements, this article is sure to be longer than the MCC agreement. Overall, this agreement is against the interest of the country. In the long run, it will weaken Nepal’s law and Nepal’s sovereignty. It seems to weaken the role of the Government of Nepal and its decision-making power. The MCC agreement is based on a number of provisions contrary to Nepal’s law, interests, independence and sovereign equality. And now on the one hand, the United States is pressuring the government to pass the agreement, and on the other hand, the government seems to be trying to reach a consensus among the political parties to pass the agreement, despite strong criticism and opposition from the people.
Mr Prime Minister, you urged the public to study the agreement, before talking about MCC. I finished reading the agreement. Let’s have a debate now. Now tell me, how can this agreement be in the national interest? How can this agreement not be treasonous after being passed by the Parliament? Who are you running behind and supporting MCC? What is your interest in it? Mr Prime Minister, let’s sit down and have a debate. I am ready to discuss every article and every section of MCC.
MCC is treasonous. #NOMCC
To read this article in Nepali please click the linkhttps://nepalrastriyadainik.com/trending/449/
MCC is part of an INDO PACIFIC STRATEGY…to read this article in Nepali please click the linkhttps://nepalrastriyadainik.com/trending/720/
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