UPDATE JUNE 2013
PARLIAMENT
The Chagos Islands (BIOT) All-Party Parliamentary Group held
its 36th meeting on 5th June 2013.
Members discussed recent correspondence
with Ministers, parliamentary questions and interventions in debates since the
last meeting on 24th April. They were grateful to Baroness Whitaker
for her speech during the Lords' foreign affairs, defence and development
debate on 14th May in which she recalled the commitment by William
Hague before the election "to work to ensure a fair settlement of this
long-standing dispute" and his promise on 20th December 2012 to
review the policy on resettlement. Baroness Whitaker had asked when Parliament
would be consulted about the review, commenting that there was "much work
to be done to make the MPA what it ought to be so that everyone can
wholeheartedly support it".
The Group considered a Question,
answered on 5th June, from Lord Ramsbotham as to whether HMG
"will commission an independent study to re-evaluate the science and
practicality of resettlement, in consultation with the Chagossians, in the
light of Prof. Kench's report which concluded that the 2002 feasibility study
used untested models and contradictory evidence". It was noted that
Baroness Warsi's answer that "we are currently reviewing our policy
towards BIOT...do not have a timetable for the conclusion of this review but
will update Parliament as soon as we are in a position to do so" avoided
the question. It was also at odds with the offer of an independent scientific
review made by the FCO Minister in charge of BIOT, Mark Simmonds, at a recent
meeting which included the Chairman and Vice chairman of the APPG. Members did
not understand whether the scientific review was separate from or subsumed
within the wider review. They felt that both were necessary, especially as the
scientific review would be independent.
The Group went on to discuss the
nature and timetable for the proposed review. They were informed about a
proposal put to the Minister by Mr Gifford that the review should include an
independent study and take up where the 2002 Feasibility Study had left off,
comprising a cost/benefit analysis, evaluation of livelihood strategies,
consultation with Chagossians and an objective examination of sources of
funding.
Members understood that the FCO
had strengthened the team of officials undertaking the review and that it was
the intention of Ministers and officials that it should be open, transparent
and inclusive, look at every aspect of resettlement and consult all
stakeholders. They questioned whether there should be an independent element to
the review. The Group also understood that the Foreign Secretary would make a
statement to Parliament before the recess in mid July about the progress,
parameters and timetable of the review. Members noted that 7 months will have
elapsed to reach only this first stage. They felt that it should be an oral
statement to allow for follow-up questions. They accepted that it was a complex
process but that there had to be a deadline so that the recommendations of the
review could be agreed and implemented well before the end of the Coalition
Government in May 2015. It was up to Ministers to ensure a deadline was set. They
suggested that apart from Chagossian and conservation groups, the US, Mauritius
and Parliament, other stakeholders should include DfID, the Human Rights
Subcommittee of the European Parliament and the Minority Rights Group. Members
decided to ask for a 90 minute Commons debate as soon as possible so that the
views of MPs could inform the Foreign Secretary's statement. It was felt that a
similar debate should be held in the Lords in September.
Members considered the research
paper by the House of Commons Library published on 22 May, entitled
"Disputes over BIOT: a survey". They felt that this was a helpful
contribution to the debate and commended the author Jon Lunn. They also
considered two papers on the controversy concerning the number of
Chagossians deported, one by Wenban-Smith, entitled "Population of the
Chagos 1820-1973" published by Chagos News (CCT) in Jan 2012 which
concluded that the number could be as few as 500 and a much more detailed response
by Dunne and Gifford published in Population, Space and Place entitled "A
Dispossessed People: the Depopulation of the Chagos Archipelago,
1965-1973" which concluded that "the policy of the British Government
drove between 1,328 and 1,522 Ilois into exile and poverty on Mauritius and a
further 322 on the Seychelles".
The next meeting and 5th annual
AGM will be held on 16th July.
David Snoxell
Coordinator of the Chagos Islands (BIOT) APPG
At a time when APPG’s have received bad press coverage
thanks to a BBC documentary on “cash for access” of British parliamentary MPs,
it is worth pointing out that the Chagos Islands APPG simply operate without
any funding at all and survive solely on the goodwill of the members involved.
It was a very busy month of Chagos-related parliamentary
questions and Andrew Rosindell got
us underway on the 3rd June when he asked:
“what his policy is on
the teaching of the history of British Overseas Territories in schools.”
Elizabeth Truss (South West Norfolk, Conservative)
“We believe that all pupils should be taught the history of Britain, and that that teaching should include the history of the British empire, as well as the wider impact of Britain and Britons on world history.
We are currently considering responses to the public consultation on our proposals for the new history curriculum published earlier this year, and will make further announcements in due course.”
Elizabeth Truss (South West Norfolk, Conservative)
“We believe that all pupils should be taught the history of Britain, and that that teaching should include the history of the British empire, as well as the wider impact of Britain and Britons on world history.
We are currently considering responses to the public consultation on our proposals for the new history curriculum published earlier this year, and will make further announcements in due course.”
Our Association will eagerly
await further announcements on this. One
can only wonder how the new history curriculum will be packaged to describe the
atrocities committed against the Chagos Islanders.
4th June- Lord
Ramsbotham:
“To ask the Secretary
of State for Foreign and Commonwealth Affairs whether they will commission an
independent study to re evaluate the science and practicality of
resettlement of the Chagos Archipelago, in consultation with the Chagossians,
in the light of the recent report by Dr Paul Kench which concluded that the
2002 feasibility study used untested models and contradictory evidence.”
Baroness Warsi
(Conservative)
“We are currently reviewing our policy on the British Indian Ocean Territory. We do not have a timetable for the conclusion of this review but will update Parliament as soon as we are in a position to do so.”
“We are currently reviewing our policy on the British Indian Ocean Territory. We do not have a timetable for the conclusion of this review but will update Parliament as soon as we are in a position to do so.”
5th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs how many civilian permits his Department has issued allowing access to the British Indian Ocean Territory (Chagos Islands) in each of the last five years.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs how many civilian permits his Department has issued allowing access to the British Indian Ocean Territory (Chagos Islands) in each of the last five years.”
Mark Simmonds
(Boston and Skegness, Conservative)
“The British Indian Ocean Territory Administration has issued 25 permits in 2013, 42 permits in 2012, 39 permits in 2011, 106 permits in 2010 and 78 permits in 2009. Permits are issued for yachts in sale passage and for any visitors to the territory.
In accordance with our legislation, contractor personnel are deemed to be in possession of a permit if their name is included in a list which is accepted by the principal immigration officer.”
“The British Indian Ocean Territory Administration has issued 25 permits in 2013, 42 permits in 2012, 39 permits in 2011, 106 permits in 2010 and 78 permits in 2009. Permits are issued for yachts in sale passage and for any visitors to the territory.
In accordance with our legislation, contractor personnel are deemed to be in possession of a permit if their name is included in a list which is accepted by the principal immigration officer.”
5th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with his US counterpart on the subject of the British Indian Ocean Territory.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with his US counterpart on the subject of the British Indian Ocean Territory.”
Mark Simmonds
(Boston and Skegness, Conservative)
“I have not discussed the British Indian Ocean Territory (BIOT) recently with my US counterpart. The Foreign and Commonwealth Office and State Department officials have regular discussions about all bilateral matters including the British Indian Ocean Territory. The most recent BIOT Pol-Mil annual talks were held in London in October 2012.”
“I have not discussed the British Indian Ocean Territory (BIOT) recently with my US counterpart. The Foreign and Commonwealth Office and State Department officials have regular discussions about all bilateral matters including the British Indian Ocean Territory. The most recent BIOT Pol-Mil annual talks were held in London in October 2012.”
5th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs what steps his Department is taking to increase public access to the British Indian Ocean Territory (Chagos Islands).”
“To ask the Secretary of State for Foreign and Commonwealth Affairs what steps his Department is taking to increase public access to the British Indian Ocean Territory (Chagos Islands).”
Mark Simmonds
(Boston and Skegness, Conservative)
“We have no objective of increasing public access to the British Indian Ocean Territory. It is not a tourist destination. Access to Diego Garcia is limited to those needing to visit for official purposes. Mooring permits are issued to yachts in safe passage.
An increasing number of scientific expeditions have been visiting the British Indian Ocean Territory to carry out research and conservation work.
Since 2006, the British Government has been organising visits for Chagossians to the three main islands to enable them to re-visit their birth places and hold ceremonies at the graveyards of relatives. The most recent visit took place in October 2012.”
“We have no objective of increasing public access to the British Indian Ocean Territory. It is not a tourist destination. Access to Diego Garcia is limited to those needing to visit for official purposes. Mooring permits are issued to yachts in safe passage.
An increasing number of scientific expeditions have been visiting the British Indian Ocean Territory to carry out research and conservation work.
Since 2006, the British Government has been organising visits for Chagossians to the three main islands to enable them to re-visit their birth places and hold ceremonies at the graveyards of relatives. The most recent visit took place in October 2012.”
5th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs how many trespassers have been evicted from the British Indian Ocean Territory in the last two years.”
Mark Simmonds (Boston and Skegness, Conservative)
“In the last two years, the British Indian Ocean Territory Authorities have discovered only one case of trespassing. This was a yacht moored in the territory without a valid permit. The yacht was instructed to leave.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs how many trespassers have been evicted from the British Indian Ocean Territory in the last two years.”
Mark Simmonds (Boston and Skegness, Conservative)
“In the last two years, the British Indian Ocean Territory Authorities have discovered only one case of trespassing. This was a yacht moored in the territory without a valid permit. The yacht was instructed to leave.”
5th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is taking to promote accountability and good governance on Ascension Island.”
Mark Simmonds (Boston and Skegness, Conservative)
“The British Government promotes good governance and accountability in all of the Overseas Territories. Considerable effort continues to be put into encouraging active participation in politics on Ascension Island. In 2011-12, a stipend for councillors was introduced to encourage high calibre candidates, and this year money will be spent on professional training for new councillors. Representatives from the Ascension Island Council are also invited to the annual Joint Ministerial Council hosted in London, where there have been a number of seminars on improving good governance and accountability.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is taking to promote accountability and good governance on Ascension Island.”
Mark Simmonds (Boston and Skegness, Conservative)
“The British Government promotes good governance and accountability in all of the Overseas Territories. Considerable effort continues to be put into encouraging active participation in politics on Ascension Island. In 2011-12, a stipend for councillors was introduced to encourage high calibre candidates, and this year money will be spent on professional training for new councillors. Representatives from the Ascension Island Council are also invited to the annual Joint Ministerial Council hosted in London, where there have been a number of seminars on improving good governance and accountability.”
11th June- Andrew
Rosindell (Romford, Conservative)
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with his (a) US and (b) Mauritian counterpart on the future of the British Indian Ocean Territory (Chagos Islands).”
Mark Simmonds (Boston and Skegness, Conservative)
“I have had no recent discussions on the British Indian Ocean Territory (BIOT) with my US counterparts. Foreign and Commonwealth Office and State Department officials have regular discussions about all bilateral matters, including BIOT. The most recent US-UK BIOT Pol-Mil annual talks were held in London in October 2012. BIOT is often raised in our bilateral discussions with Mauritius.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with his (a) US and (b) Mauritian counterpart on the future of the British Indian Ocean Territory (Chagos Islands).”
Mark Simmonds (Boston and Skegness, Conservative)
“I have had no recent discussions on the British Indian Ocean Territory (BIOT) with my US counterparts. Foreign and Commonwealth Office and State Department officials have regular discussions about all bilateral matters, including BIOT. The most recent US-UK BIOT Pol-Mil annual talks were held in London in October 2012. BIOT is often raised in our bilateral discussions with Mauritius.”
11th June- Lord
Ashcroft (Conservative)
“To ask Her Majesty’s Government what assessment they have made of An assessment of environmental protection frameworks in the UK Overseas Territories produced by the Foundation for International Environmental Law and Development and the Royal Society for the Protection of Birds.”
Lord Wallace of Saltaire (Whip, House of Lords; Liberal Democrat)
“We are working with representatives from the Royal Society for the Protection of Birds, Overseas Territory Governors’ Offices and relevant government departments to address the issues highlighted in the report.
While environmental issues are devolved to territory governments, the Government are committed to working with them to address the important issues raised in the report.”
“To ask Her Majesty’s Government what assessment they have made of An assessment of environmental protection frameworks in the UK Overseas Territories produced by the Foundation for International Environmental Law and Development and the Royal Society for the Protection of Birds.”
Lord Wallace of Saltaire (Whip, House of Lords; Liberal Democrat)
“We are working with representatives from the Royal Society for the Protection of Birds, Overseas Territory Governors’ Offices and relevant government departments to address the issues highlighted in the report.
While environmental issues are devolved to territory governments, the Government are committed to working with them to address the important issues raised in the report.”
17th June- Grahame
Morris (Easington, Labour)
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent representations he has received from the US administration on the possible re-settlement of Chagos islanders who wish to return to their homeland since his commitment to review the policy on re-settlement on 20 December 2012.”
Mark Simmonds (Boston and Skegness, Conservative)
“There have been no recent representations from the US administration on the possible re-settlement of the Chagossians.”
“To ask the Secretary of State for Foreign and Commonwealth Affairs what recent representations he has received from the US administration on the possible re-settlement of Chagos islanders who wish to return to their homeland since his commitment to review the policy on re-settlement on 20 December 2012.”
Mark Simmonds (Boston and Skegness, Conservative)
“There have been no recent representations from the US administration on the possible re-settlement of the Chagossians.”
On the 18th June there was a series of oral
answers to some questions-
Jeremy Corbyn
(Islington North, Labour)
“What recent developments there have been in Government policy towards the Chagos islands; and if he will make a statement.”
Mark Simmonds (Boston and Skegness, Conservative)
“As my right hon. Friend the Foreign Secretary stated in December last year, we are taking stock of our policy on the British Indian Ocean Territory. We are engaged in a programme of consultation, including with the Chagos islanders.”
“What recent developments there have been in Government policy towards the Chagos islands; and if he will make a statement.”
Mark Simmonds (Boston and Skegness, Conservative)
“As my right hon. Friend the Foreign Secretary stated in December last year, we are taking stock of our policy on the British Indian Ocean Territory. We are engaged in a programme of consultation, including with the Chagos islanders.”
Jeremy Corbyn
(Islington North, Labour)
“Will the Minister put a timetable on that consultation? He will recall that it was in the 1980s that the islanders were last able to live on the islands. Surely it is time to go beyond apologies, guarantee a right of return for the Chagos islanders to the islands, and allow limited fishing and ecological tourism on the islands, rather than having a no-take marine protection area, which is the Government’s current policy.”
Mark Simmonds (Boston and Skegness, Conservative)
“As I said in my previous response, we are undertaking a review. There is no fixed timetable for the conclusion of that exercise. It is important that the review is thorough and that it consults as wide a range of partners as possible, both inside and outside Whitehall. That cannot be rushed. However, I hope to provide the House with an update on the process before the summer recess.”
Henry Smith (Crawley, Conservative)
“I thank the Minister for his answer. May I seek assurances that consultations on the future of the Chagos islands will include representations from the Chagos islands community in this country, most of whom live in my constituency?”
Mark Simmonds (Boston and Skegness, Conservative)
“I am grateful to my hon. Friend for that question. Significant credit should be paid to him for the assiduous way in which he represents the Chagossian community living primarily in his constituency. I confirm that we will be consulting his constituents and Chagossians who live in Manchester, as well as those who live in Mauritius and the Seychelles.”
Thomas Docherty (Dunfermline and West Fife, Labour)
“As I understand it, the current arrangement with the US Administration expires at the end of 2014. Will the Minister assure the House that, notwithstanding the Whitehall role of the base, the Government will make it clear to the US Administration that we will not simply roll over that deal?”
Mark Simmonds (Boston and Skegness, Conservative)
“If I may correct the hon. Gentleman, the existing agreement runs out in December 2016. The agreement set out in 1966 stipulated that it would automatically be rolled over unless one of the parties disputes it between 2014 and 2016. We welcome the US presence in Diego Garcia, which offers a shared strategic asset for both countries, but the hon. Gentleman has alighted on some of the main issues about resettlement—first is security, and the other serious issue is the potential impact on the Untied Kingdom taxpayer, which must be looked at thoroughly.”
“Will the Minister put a timetable on that consultation? He will recall that it was in the 1980s that the islanders were last able to live on the islands. Surely it is time to go beyond apologies, guarantee a right of return for the Chagos islanders to the islands, and allow limited fishing and ecological tourism on the islands, rather than having a no-take marine protection area, which is the Government’s current policy.”
Mark Simmonds (Boston and Skegness, Conservative)
“As I said in my previous response, we are undertaking a review. There is no fixed timetable for the conclusion of that exercise. It is important that the review is thorough and that it consults as wide a range of partners as possible, both inside and outside Whitehall. That cannot be rushed. However, I hope to provide the House with an update on the process before the summer recess.”
Henry Smith (Crawley, Conservative)
“I thank the Minister for his answer. May I seek assurances that consultations on the future of the Chagos islands will include representations from the Chagos islands community in this country, most of whom live in my constituency?”
Mark Simmonds (Boston and Skegness, Conservative)
“I am grateful to my hon. Friend for that question. Significant credit should be paid to him for the assiduous way in which he represents the Chagossian community living primarily in his constituency. I confirm that we will be consulting his constituents and Chagossians who live in Manchester, as well as those who live in Mauritius and the Seychelles.”
Thomas Docherty (Dunfermline and West Fife, Labour)
“As I understand it, the current arrangement with the US Administration expires at the end of 2014. Will the Minister assure the House that, notwithstanding the Whitehall role of the base, the Government will make it clear to the US Administration that we will not simply roll over that deal?”
Mark Simmonds (Boston and Skegness, Conservative)
“If I may correct the hon. Gentleman, the existing agreement runs out in December 2016. The agreement set out in 1966 stipulated that it would automatically be rolled over unless one of the parties disputes it between 2014 and 2016. We welcome the US presence in Diego Garcia, which offers a shared strategic asset for both countries, but the hon. Gentleman has alighted on some of the main issues about resettlement—first is security, and the other serious issue is the potential impact on the Untied Kingdom taxpayer, which must be looked at thoroughly.”
DR LAURA JEFFERY
Edinburgh University Researcher and Lecturer Dr Laura Jeffery contacted us recently
to provide us with her article about the potential human environment, and
looked at the debate surrounding the future of the islands as a whole.
“During the MPA
consultation, the FCO’s consultation facilitator, Rosemary Stevenson,
did not visit the
largest Chagossian community in Mauritius, but she did hold an
hour-long
videoconference with the elected representatives of the Chagossian Welfare
Fund Board in
Mauritius. Olivier Bancoult, the appointed chair of this Board and the
leader of the largest
Chagossian organization, the Chagos Refugees Group (CRG),
responded at length.
As part of his submission, he stated that:
‘We want to return to
our homeland. And this is why ... in the past we presented a resettlement plan,
and in our resettlement plan we mentioned ... conservation. We made a place for conservation because we
as Chagossians were the real guardians of the environment, having living there
for many generations, and we don’t understand how suddenly the UK government
come out with a plan to declare Chagos as a Marine Protected Area and at the
same time forget that on Diego Garcia we have a huge US military base which is
for defence purposes and can damage any of environment.We as Chagossian people
have fundamental rights, wish to return, wish to ask you, to let you know that
we people, we are not against conservation, but what we say is that our
fundamental right should be taken into consideration. It’s the most important.
And we don’t understand how suddenly, after so many years, how the British
government had earned money on fishing licenses, giving fishing licenses to
many companies to fish in the region of Chagos, where no money, even peanuts,
have been spent for the
welfare of Chagossian
community.’
Like Bancoult, the
majority of those Chagossians who responded to the consultation
– amounting to several
hundred people, mostly in Mauritius and Seychelles – opposed
all three proposed
options for a no-take MPA around Chagos. A significant minority of Chagossian
responses – consisting of a large proportion of responses from Chagossians in
the UK, but few of those in Mauritius or Seychelles –said they would only
support a no-take MPA if it incorporated exceptions for pelagic tuna and
artisanal fishing by Chagos islanders. Numerically, however, the Chagossian
rejection of the three proposed no-take options was insignificant in comparison
to support for the proposed MPA from over quarter of a million signatories of
on-line petitions organized by Avaaz, Care2, Greenpeace, and the Chagos
Environment Network (CEN), a coalition of conservation organizations led by the
Chagos Conservation Trust (CCT)”
DAVID SNOXELL
TRIBUNE FOLLOW UP
As highlighted in last months edition, the 26th
May marked the 40th anniversary of the final deportations of
Chagossians from their islands as part of the process to “sweep and sanitise”
ahead of the arrival of the US military.
APPG Coordinator David Snoxell
took the opportunity to follow up on his February piece in the Left-wing
magazine Tribune. He suggested that
aside from the legal avenues currently being explored, diplomacy still
represented the best hope of a solution, particularly in 2015:
“2015 will be a
crucial year for Chagos– not only is it the end of the coalition’s term of
office, but December 2014 is the deadline by which the 1966 agreement between
Britain and the United States on the use of the BIOT can be renegotiated. And, in 2015, the Commonwealth Heads of
Government Meeting (CHOGM) takes place in Mauritius. Since the signing, in
March, by the Queen and Commonwealth countries of the Commonwealth Charter,
which sets out universal values and standards of human rights that all members
must abide by, there is bound to be a sharp focus on how the United Kingdom is
meeting its obligations to restoring the fundamental human rights of the Chagossian
people. As many live in Mauritius, and as the Mauritian Government is committed
to facilitating their return, when the sovereignty issue is resolved, this will
clearly be a lively issue at CHOGM.”
Our very own Sabrina
Jean recently celebrated her 40th birthday which of course means
she was the one of the first to be born in exile. It’s a coincidence which makes us all take a
step back and appreciate the gravity of the time during which this heinous
crime has not been realistically addressed and redeemed.
MARINE PROTECTION AREA (MPA) JUDICIAL REVIEW
Earlier
this month the High Court in London published its ruling for the Judicial
Review into the MPA which had taken place in April this year. As many of you by now will be aware the news
was not what we had been hoping for as the UK government’s 2010 decision to
create the zone around the Islands was upheld by the High Court. Lord
Justice Richards and Mr Justice
Mitting ruled that the MPA was “compatible with EU law”. John
Aston from the Independent
newspaper reported
on the disappointing announcement:
“The MPA was created
by top British diplomat Colin Roberts in his role as commissioner for the
British Indian Ocean Territory (BIOT) on the instructions of the then Foreign
Secretary in April 2010.
Chagossian lawyers
said the moved followed British consultations with the US during which the
Americans were assured the use of their base on Diego Garcia would not be
adversely affected by the MPA.
Mr Roberts denied
under cross-examination at the High Court that the marine park was created for
the "improper purpose" of keeping the Chagossians out, as the US
wanted, and said it was for environmental and conservation purposes.
Today the judges
accepted his evidence. Lord Justice Richards said "a truly remarkable set
of circumstances" would have to have existed for the case on improper
purpose to be right, involving a long-term decision "somewhere deep in
Government" to frustrate Chagossian ambitions by promoting the MPA.”
The full
judgment of the controversial ruling can be found here.
Nick Harvey writing
for the New Internationalist was also critical and described it as “Britain’s
shame”:
“…the government’s
good intentions were brought into question by a US cable published by Wikileaks
in December 2010, in which the UK Foreign and Commonwealth Office’s Director of
Overseas Territories, Colin Roberts, reportedly said that the protected area
should have ‘no human footprints’ or ‘Man Fridays’ and that such a reserve
would make it ‘difficult, if not impossible’ for former residents to pursue
their resettlement claims. A key moment in this week’s court case was when
judges ruled that the cable, or copies of it held by the media, could not be
used as evidence due to the Diplomatic Privileges Act, 1964.”
Long time supporter Dr
Sean Carey condemned the High Court ruling and suggested
the process amounted to little more than a conspiracy:
“Nevertheless, what
was accepted in court is that the then Foreign Secretary, David Miliband,
realised that the proposed MPA would be a real feather in his and Gordon
Brown’s green cap just before the UK general election was called. Miliband
overruled more cautious senior FCO officials who thought that it was likely to
cause trouble internationally. The MPA was duly declared on 1 April 2010 by
Colin Roberts.
The timing was very
interesting. It came hours after the National Assembly in Mauritius was
dissolved in preparation for the island’s general election, thus wrong-footing
the local politicians, all of whom, despite political differences support
Mauritius’s claim under international law to sovereignty of the Archipelago.
Coincidence? Well, the judges should have dug deeply to find out the truth. In
any event, Mauritius has taken its case against the MPA to a UN tribunal. It
will be heard next year.
It was Karl Popper who
pointed out that conspiracies do not happen as often as many people think they
do. He was right. Of course, that does not mean that conspiracies do not happen
at all. The judges should revisit the Archer novels.”
APPG Coordinator David
Snoxell highlighted the political motives orchestrated by the ruling while writing
in the Mauritius Times earlier this
month:
“The documents
released for the judicial review provide fascinating insights into the advice
being submitted to the Foreign Secretary, leading up to the announcement of the
MPA on 1 April 2010. Officials cautioned that the results of the
public consultation should be announced but not rushed, pending careful
“management” of the Chagossians and Mauritius. “There was further work to do
with stakeholders before establishing an MPA.” Officials warned that “Our
best defence against the legal challenges which are likely to be forthcoming is
to demonstrate a conscientious and careful decision making process. A rapid decision
now would undermine that... We would expect to recommend a phased introduction
of a no-take MPA which would give time to put a sustainable funding package in
place.”
Within hours David
Milband brushed aside official advice and decided on an immediate designation
of a full ‘no-take’ MPA. On 31 March senior officials made last ditch attempts
to head the Foreign Secretary off. One noted, “I think this approach risks
deciding (and being seen to decide) policy on the hoof for political
timetabling reasons rather than on the basis of expert advice and public
consultation. That’s a very different approach to the one we recommended
yesterday... to be developed over time with the involvement of many
stakeholders and to be based on science as well as politics.” That evening
officials were instructed to prepare a statement announcing the MPA the
following day just as Parliament went into the Easter recess. It sparked
emergency debates in both Houses five days later.”
Erin Conway-Smith
wrote
a very eye-catching piece for the Global
Post and laid bare the tragedy of the Chagossians and exposed the hypocrisy
of the British government’s rhetoric on upholding human rights:
“A classified US
government cable published by WikiLeaks quotes a British diplomat
as saying in 2009 that the marine park — the world’s largest — would
prevent the Chagossians from resettling on the islands, whose isolated
location is strategically advantageous for the US military.
‘The British government
always presents itself as a champion of human rights, but what they did on
the Chagos Islands was a crime against humanity,’ said Olivier Bancoult, head
of the advocacy Chagos Refugee Group based in Mauritius.”
It was also interesting to note the reaction of Argentina which was best illustrated by
an article in the Buenos Aires Herald
which highlighted
the contradictory stance of the UK government when dealing with the Chagos
Islanders compared to their position over the Falkland Islands:
“A diplomatic cable
leaked by the secret-spilling site WikiLeaks said Colin Roberts, commissioner
for British Indian Ocean Territory (BIOT), told a US official that the marine
park “would keep the Chagossians from returning.” Nonetheless, the cable was
not used as evidence.
Professor David Vine,
an anthropologist who has studied the Chagossian case at American University in
Washington DC, described the ruling as ‘outrageous.’
He told the Herald
that the ‘court pretended that a diplomatic cable showing that the UK and US
governments have again colluded in finding a new way to keep the Chagossians
from returning to their homeland did not exist.’
Vine agrees that the
UK is doing whatever it takes to hold onto its conquered territories: ‘The way
the UK government has treated the Chagossians compared to the people of the
Malvinas has everything to do with UK’ military and economic interests, as well
as their relationship with the US, and has long smacked of racist double
standards.’”
CHAGOS REFUGEES GROUP (CRG) STATEMENT
Immediately
following the High Court ruling, the CRG
leader Olivier Bancoult provided the
following statement in response to the announcement:
“Today the High Court in London has
decided that the MPA which was imposed by the last Government without the
approval of the UK Parliament is not legally invalid. This is disappointing to
Chagossians some of whom will no longer be able to sustain themselves by
continuing our traditional fishing rights which is the only link we are allowed
with our homeland since the UK unlawfully expelled us from our islands.
We are examining with
our lawyers the detail of this judgment, and if advised, will seek to challenge
this decision on appeal.
But there have been
some very important developments which the bringing of this case has achieved
in this latest legal case in our long struggle to return home.
There are three very
significant matters all of which the Court considered inadmissible or
irrelevant to its deliberations, but which the Coalition Government will no
doubt wish to take very seriously.
First, the Court
decided on purely technical grounds that the US cable, in which officials informed
the USA that the MPA was the most effective long term way to exclude the
Chagossian people from returning, was inadmissible. Whilst the rest of the
world therefore sees what went on behind closed doors, the judges refused to
consider this evidence. Chagossians believe the world is not so blinkered and
even Ministers will wish to reject this discriminatory policy.
Second, the FCO
surprised us all by producing its long-lost file on the so-called feasibility
study which was used by the last Government as a pretext for abolishing our
right of return. Ignoring the obvious feasibility of Chagossians returning home
(and the superb living conditions on Diego Garcia enjoyed by 1,500 servicemen
and 2,000 civilian workers) this study claimed that our return would be costly
and precarious. But after years of denial of its existence we have now seen the
file on this report which our advisers have examined. This examination shows
that the feasibility study was not based on sound science and were exaggerated
and alarmist.
Third, our advisers
have now commissioned an independent review of this feasibility study by an
expert on small islands, Professor Kench, who has shown how resilient these
islands are and how the challenge of global warming need not prevent our return
home.
Chagossians are the
natural guardians of our beautiful islands. Many were in far better condition
when we were forced to leave, than they are now. The military base has caused
huge amounts of coral blasting, has resulted in the destruction of vegetation
and the concreting over of large areas of Diego Garcia. Oils spills have seeped
into the freshwater reservoirs and the coral base of the islands.
A deepwater harbour
for a vast military arsenal has been created where once we
used to catch fish for our sustenance.
We are in favour, as
the judges recognised, of a high level of conservation in our natural paradise.
Our return will not endanger the beautiful corals or remaining fish stocks in
any way.
But our right to
return is fundamental and will never be surrendered. It is high time that the
UK made this resolution of our plight a high priority.
The outcome of this
appeal does not affect our endeavours insofar as other avenues are concerned.
We shall accordingly continue our legal battle and we are strongly convinced
that ultimately victory will be ours!”
BIOT POLICY
REVIEW- REQUEST FOR STAKEHOLDER VIEWS
The Foreign Office has finally requested feedback for its
“taking stock” process which commenced following the ECHR ruling last
December. Unfortunately this critical
stage of the process will only be open to feedback until 31st July
2013. It was a consultation which begun six
months ago but which offers a window of little over a month for any feedback
from us and our supporters. I think Dr
Sean Carey could possibly write a further section in his article
about conspiracies. Dr Sangeeta Ahuja from the BIOT Policy Review Team offered the
following invitation on the 26th June:
“As you may be aware,
on 18 December 2012, the Foreign Secretary said he was going to take stock of
our policy towards the resettlement of the British Indian Ocean Territory.
Since then there has been discussion at the highest level on the future of BIOT
and our evolving policy.
Together with my colleague Melanie Capelin, my role in the Foreign and Commonwealth Office is to start the process of engaging all relevant stakeholders as part of the initial stages of this review. Some stakeholders will have been contacted already and we hope to hold face-to-face meetings with as wide a cross section as possible during this planning process.
We are very keen to hear all views on the key/main policy changes that interested parties would like to see. I am aware, for example, that a new feasibility study is something that a number of stakeholders would like us to put forward. This will enable us to give Ministers options on how to proceed, based on a wide range of views. If you have views on this or other aspects of our BIOT policy, I would welcome any comments by 31 July 2013. Please send all replies by email or hard copy to the addresses in the email signature below. Given the wide range of stakeholders we are approaching, however, we may not be able to reply to individual letters.”
Together with my colleague Melanie Capelin, my role in the Foreign and Commonwealth Office is to start the process of engaging all relevant stakeholders as part of the initial stages of this review. Some stakeholders will have been contacted already and we hope to hold face-to-face meetings with as wide a cross section as possible during this planning process.
We are very keen to hear all views on the key/main policy changes that interested parties would like to see. I am aware, for example, that a new feasibility study is something that a number of stakeholders would like us to put forward. This will enable us to give Ministers options on how to proceed, based on a wide range of views. If you have views on this or other aspects of our BIOT policy, I would welcome any comments by 31 July 2013. Please send all replies by email or hard copy to the addresses in the email signature below. Given the wide range of stakeholders we are approaching, however, we may not be able to reply to individual letters.”
The BIOT policy team can be contacted here.
ADAM BURTON
Last month Something
Else paper’s Adam Burton very
generously invited our supporters to join him and colleagues for a series of screenings
of the John Pilger’s “Stealing a Nation” documentary in Hackney in East
London.
There is now just one final chance to participate in this
unique opportunity which will be taking place on Tuesday 2nd July at
7.30pm. Further information can be
obtained by visiting this website for
further information. Special thanks
again to Adam Burton for facilitating these screenings and we hope the Chagos
food recipes went down well.
Thank you as always for your continued interest and support,
Clency Lebrasse (Update compiler)
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