CHAGOS NEWSLETTER MARCH 2014
PARLIAMENT
The Chagos
Islands (BIOT) All-Party Parliamentary Group will hold its 42nd
meeting on the 6th May.
Now that the
FCO is beginning to consult Chagossians, the APPG and other ‘stakeholders’ by way
of the new Feasibility Study, we can expect there to be far fewer Parliamentary
Questions. On the 5th March
the Conservative Andrew Rosindell
asked:
“what military personnel are
stationed in each of the British Overseas Territories?”
Mark Francois (The Minister of State, Ministry of Defence; Rayleigh and Wickford, Conservative)
“UK Military personnel are stationed in the Falkland Islands, Ascension Island, Gibraltar, the
British Indian Ocean Territories and the Sovereign base areas in Cyprus. The establishment at each location is as set out in the following table.
Overseas territory Military personnel
British Forces Cyprus, including Sovereign Base Areas 2,825
Falkland Islands 1,060
Ascension Island 20
Gibraltar—includes UK Military and Royal Gibraltar Regiment 400
British Indian Ocean Territories 40
Numbers have been rounded to the nearest 10. The exact numbers of personnel currently located in each overseas territory may vary from published statistics as personnel either change location or are deployed on operations. The other UK overseas territories have no permanent UK military presence.”
Mark Francois (The Minister of State, Ministry of Defence; Rayleigh and Wickford, Conservative)
“UK Military personnel are stationed in the Falkland Islands, Ascension Island, Gibraltar, the
British Indian Ocean Territories and the Sovereign base areas in Cyprus. The establishment at each location is as set out in the following table.
Overseas territory Military personnel
British Forces Cyprus, including Sovereign Base Areas 2,825
Falkland Islands 1,060
Ascension Island 20
Gibraltar—includes UK Military and Royal Gibraltar Regiment 400
British Indian Ocean Territories 40
Numbers have been rounded to the nearest 10. The exact numbers of personnel currently located in each overseas territory may vary from published statistics as personnel either change location or are deployed on operations. The other UK overseas territories have no permanent UK military presence.”
On the 7th
March the Minister for the Overseas Territories Mark Simmonds provided Parliament with the following written
statement:
“I wish to update the House on our
work to protect the environment of the British Indian Ocean Territory
and, in particular, the island of Diego Garcia which is home to a large UK-US
military base.
This Government, and the Government of our most important ally, the United States, value the strategic location of the island of Diego Garcia, and we want to see our partnership there continue.
We also share a deep commitment to the pristine environment of BIOT, and take great steps to minimise the impact of the military presence on Diego Garcia on that environment. This ranges from the troops stationed there regularly taking part in beach clean-ups to remove Indian Ocean flotsam that has washed ashore, through conservation efforts with NGOs like the RSPB to remove rats or invasive plants, to a US investment of over $30 million during 2014-15 to protect the shoreline from gradual erosion. Diego Garcia military base operates an environmental protection council which co-ordinates this activity, and the standards governing its behaviour are guided by our own scientific advisers and the most stringent relevant environmental legislation.
One area where we have been working recently with the US to ensure the highest standards of environmental stewardship is in the lagoon of Diego Garcia where we are on a path to recovery and protection of the coral that supports the island above the waves. In April last year it came to our attention that the US vessels moored in the lagoon had been discharging waste water into the lagoon since the establishment of the naval support station there in the early 1980s.
This waste water is treated sewage, and water left over from routine processes like cleaning and cooking. Though the amounts are small in proportion to the size of the lagoon itself, our policy has consistently been that any form of discharge of these substances into the lagoon is prohibited because of clear scientific advice that it would be damaging to coral in the long term. That advice has not changed, and nor has our policy.
I asked my officials to immediately establish the impact of these discharges, and in October 2013, UK scientists concluded that based on the available data, there were elevated levels of nutrients in the lagoon which could be damaging to coral.
Over the period since October, my officials have been working to agree a plan with the US to come into compliance with our no discharge policy, and I am pleased to say I have now agreed this. The plan will involve expenditure of several million dollars by the US over a period of three years to retrofit all of the vessels in the lagoon. The programme of work balances the requirement to maintain operational readiness in the region, meet international security commitments, and deal with the logistical and fiscal challenges such a large-scale programme brings with it. A comprehensive joint UK-US study is now also under way to assess and monitor the coral and marine health of the lagoon and ensure that the programme has the desired effect of reducing the levels of nutrients in the lagoon and protecting the coral.”
This Government, and the Government of our most important ally, the United States, value the strategic location of the island of Diego Garcia, and we want to see our partnership there continue.
We also share a deep commitment to the pristine environment of BIOT, and take great steps to minimise the impact of the military presence on Diego Garcia on that environment. This ranges from the troops stationed there regularly taking part in beach clean-ups to remove Indian Ocean flotsam that has washed ashore, through conservation efforts with NGOs like the RSPB to remove rats or invasive plants, to a US investment of over $30 million during 2014-15 to protect the shoreline from gradual erosion. Diego Garcia military base operates an environmental protection council which co-ordinates this activity, and the standards governing its behaviour are guided by our own scientific advisers and the most stringent relevant environmental legislation.
One area where we have been working recently with the US to ensure the highest standards of environmental stewardship is in the lagoon of Diego Garcia where we are on a path to recovery and protection of the coral that supports the island above the waves. In April last year it came to our attention that the US vessels moored in the lagoon had been discharging waste water into the lagoon since the establishment of the naval support station there in the early 1980s.
This waste water is treated sewage, and water left over from routine processes like cleaning and cooking. Though the amounts are small in proportion to the size of the lagoon itself, our policy has consistently been that any form of discharge of these substances into the lagoon is prohibited because of clear scientific advice that it would be damaging to coral in the long term. That advice has not changed, and nor has our policy.
I asked my officials to immediately establish the impact of these discharges, and in October 2013, UK scientists concluded that based on the available data, there were elevated levels of nutrients in the lagoon which could be damaging to coral.
Over the period since October, my officials have been working to agree a plan with the US to come into compliance with our no discharge policy, and I am pleased to say I have now agreed this. The plan will involve expenditure of several million dollars by the US over a period of three years to retrofit all of the vessels in the lagoon. The programme of work balances the requirement to maintain operational readiness in the region, meet international security commitments, and deal with the logistical and fiscal challenges such a large-scale programme brings with it. A comprehensive joint UK-US study is now also under way to assess and monitor the coral and marine health of the lagoon and ensure that the programme has the desired effect of reducing the levels of nutrients in the lagoon and protecting the coral.”
“To ask Her Majesty’s Government whether (1) the
Freedom of Information Act 2000, and (2) the Environmental Information
Regulations 2004, apply to each of the Overseas Territories.”
“(1)
The Freedom of Information Act 2000 covers any recorded information that is
held by a public authority in England, Wales and Northern Ireland, and by
UK-wide public authorities based in Scotland. The Act does not apply to the
public authorities of British Overseas Territories.
(2)The Environmental
Information Regulations 2004 implement European Council Directive 2003/4/EC on
public access to environmental information and cover any recorded environmental
information held by public authorities in England, Wales and Northern Ireland,
and by UK-wide public authorities based in Scotland. The Regulations do not
apply to the public authorities of British Overseas Territories. Gibraltar, as
part of the EU, has implemented the directive through the Freedom of Access to
Information on the Environment Regulations 2005.”
13th
March- Lord Avebury (Liberal
Democrat)
“To ask Her Majesty’s Government
whether they accept the findings of the study of the sea level in the
British Indian Ocean Territory ‘Contemporary sea level in the Chagos
Archipelago, Central Indian Ocean’ published in the journal
Global and Planetary Change in 2012.”
Baroness Warsi (Conservative)
“We welcome scientific debate on environmental issues affecting British Indian Ocean Territory (BIOT), particularly as we begin our factual assessment of the feasibility of returning a civilian population to these islands. Though we welcome the scientific debate about this aspect of environmental change, both globally and for BIOT specifically, it would be inappropriate for the British Government to endorse any single piece of scientific analysis. We look forward to the resettlement feasibility study further assessing this question, although it may not be possible to come to a conclusive answer on a question on which there is a great deal of inherent uncertainty”
Baroness Warsi (Conservative)
“We welcome scientific debate on environmental issues affecting British Indian Ocean Territory (BIOT), particularly as we begin our factual assessment of the feasibility of returning a civilian population to these islands. Though we welcome the scientific debate about this aspect of environmental change, both globally and for BIOT specifically, it would be inappropriate for the British Government to endorse any single piece of scientific analysis. We look forward to the resettlement feasibility study further assessing this question, although it may not be possible to come to a conclusive answer on a question on which there is a great deal of inherent uncertainty”
RESPONSE TO INCEPTION REPORT
Earlier this
month the British Government published its Inception Report ahead of the
commencement of the feasibility study into resettlement of the Chagos
Islands. The full report is attached to
this edition of the newsletter. UKChSA
Chair Sabrina Jean provided the
following response:
“We believe
that the right of return should be restored to all Chagossians as their exile
was unlawful, undemocratic, and violated their human rights. Therefore the feasibility of 'holiday rights'
as envisaged in the short-stay option is not helpful. A 'short stay'
option and an education programme should be put into place at once as part of
expanding the current visiting programme but it does not address the right of
return which is non-negotiable.
The
returning Home report was the first study to adopt proper consultation with
Chagossians, and a serious attempt to provide workable solutions to provide for
a phased return, whilst recognising the desire of all Chagossians to have the
right to return and the right to visit their homeland. I would commend this
approach to the new feasibility Study team.
We note your
intention to examine the current literature on conservation and science on
Chagos. What is of paramount importance is that regional expertise on central
scientific issues are rigorously examined, with the involvement of such
world-leading experts as Prof Paul Kench of Auckland University who is the
foremost expert on climate change and the effects on small islands – an issue
that was dealt with in a fundamentally flawed way in the phase 2B report.
The
Inception report is alarmingly silent on who is to provide the expertise to the
Study, despite the promise that outline CV's would be included in the Inception
report.
It is also
true to say that the proposed scientific adviser Dr Andrew Price does not
appear to be objective and is unfortunately close to Prof Charles Sheppard the
former BIOT Scientific Adviser to BIOT and the one who is most responsible for
the flawed Phase 2B Report. He is therefore considered to be
neither neutral nor acceptable.”
The Chagos
Refugees Group (CRG) also provided its own response to the report:
“The Chagos Refugee Group (CRG)
Management Committee met on Saturday 22 March 2014, with Olivier Bancoult, its
President, in the chair, in order to take stock of the draft Inception Report
on the Feasibility Study for the Resettlement of the Chagossian People.
The
CRG Management Committee broadly welcomes the stated scope and approach of the
Inception Report and looks forward to providing assistance to the Feasibility
Study team. It must be pointed out however that the current study cannot
inspire confidence unless the obvious mistakes of the past Feasibility Studies
are known and avoided now. The Committee raises some specific issues of its own
in the main text below and has also received external input from advisers
which, due to the limited time to respond, it has not had the opportunity fully
to discuss. The latter input is contained in an Annex to this submission. It
would wish that all of these points of concern should be addressed by BIOT and
the consultants (most notably the apparent lack of objectivity of one of the
proposed project specialists).
Subject
to addressing these concerns, we would make three general points on the
proposed scope and approach that the Committee believes need clarification and
hence strengthening and amendment.
First,
the consultation mechanisms proposed should ensure that consultation process is
not simply a matter of the Study Team soliciting the views of Chagossians on
proposals suggested by the consultants: there needs to be close collaboration
in the development of proposals involving a wide representation of Chagossian views to ensure as much consensus
as possible.
Second,
the different options for resettlement should emerge from such collaboration
and not be presented as a set of alternatives. For example, the 'small scale'
resettlement may well be desirable as a pilot phase towards 'large scale'
resettlement rather than an end in itself; and the limited stay option is best
seen as a facility within a resettled community rather than an alternative
option.
Third,
the Committee feels it is important for the team to engage with expertise and
experience, including private investor experience, from the Indian Ocean region
and its smaller islands.
With
these considerations in mind, and in line with
the principles that have consistently guided CRG’s activities, and
relying on the collective resources, experience and wisdom of the Chagossian
people, the CRG would like to propose
the following:
1. Introduction, Overview of the
Feasibility Study (page 1):
To add the following bullet point:
the impact of the UK Government’s
duty to fulfill its human rights obligation towards the resettlement of the
Chagossian people
2.3 Resettlement options (page 2):
To state that the proposed options are not mutually
exclusive and indicate that
Option
1: large-scale resettlement, could be examined with proposed Option 2
(small-scale resettlement) being the 1st phase or a pilot
phase.
As
for proposed Option 3, CRG’s position is that this option is a denial of the
Chagossian people’s right of return and resettlement and therefore CRG cannot
and will not endorse it.
In
line with this position, CRG proposes to modify the last paragraph’s
hypothetical phrase as follows: ‘ …when
resettlement takes place’.
3.1 Key phases of activity (page 4, para.4):
-Modeling of costs and incomes: the
proposed time-span (5-10-20 years ) should also be considered as phases of the
resettlement process.
-Phase II: the private sector should be involved, and not
just for tourism but also for other sectors of economic activity (agriculture,
fishing, handicrafts…) in a sustainable development perspective. Seychelles
(and Rodrigues) to be added.
-Phase III: Page 5, last sentence: “The draft will be
circulated to those with an interest…” : CRG and other Chagossian based
organizations should be among them.
-Additional development data from comparable literature
on small islands (French departments, self-governed UK overseas territories,
autonomous islands) should also be tapped.
3.2 Analytical framework (table, pages 6 -7)
2.
Legal and political factors:
Under ‘Key questions/issues for
consideration’: add ‘reparation’ to
human rights agreements, as follows: “human rights/reparation agreements”.
3. Environmental impact: add 'experience/role/involvement
of resettled Chagossians in protection of marine/land environment'.
4. Economic prospects: add Seychelles and Rodrigues (as
proposed at 3.1).
5 .Access issues: add the experience of Seychelles and Rodrigues.
7. Risks and uncertainties : to add the regional
experience of disaster management plans (cyclones, climate change, and recently
tsunami alert and management system).
3.3 Core study team (page
9):
CRG proposes that wider pool of
experts (page 10 last para) should comprise Indian Ocean region based experts
(Seychelles, Reunion, Mauritius-Rodrigues, Zanzibar)
Annex to CRG Comments
on BIOT Draft Inception Report – Chagos Feasibility Study – KPMG dated 19 March
2014
The
KPMG draft Inception Report (IR) dated 19 March 2014 has been produced in
accordance with the clause 9 of the Terms of Reference (TOR) dated January
2014.
Inter
alia the IR was required to provide “project management information” [standard
format for monthly update reports; risk management plan; proposed timeframe for
delivery and reporting, including monthly milestones; list of proposed experts
together with curriculae vitae].
Format
for Monthly Update reports
This
aspect appears not to have been addressed in the draft IR.
Risk
Management Plan
Again,
there is no mention of a risk management plan.
Proposed
Timeframe
The
proposed timeframe (IR 3.1) envisages a “consultation and data gathering” phase
during April – June 2014. This includes investigation of the “carrying capacity
and resources” through “a visit to the Territory”. It is not clear to what
extent this represents the satisfaction of the environmental and scientific
aspects of the study (in particular the factors enumerated at TOR 7). There is
concern that the studies required have not been adequately scoped. Certain key
areas were those that were flawed in the previous Phase 2B study. In
particular, are external experts to be engaged on these aspects and if so whom?
(see further below).
Proposed
Experts
Section
3.3 of the draft IR lists a “Core study team” of a Project Manager and
Assistant and 3 ‘experts’ together with abbreviated CVs. It is not stated
whether these 3 ‘experts’ are KPMG staff or external consultants although a
general search indicates the latter in each case. In the absence of an extended
CV for either Malcolm Summerfield or
Nancy Laatunen and of readily
available on-line information, it is not possible to judge their suitability
and/or prior connection with the Chagos in greater depth.
Andrew Price however is known from his
connection with both Charles Sheppard (former BIOT Conservation/Scientific
Adviser 2003-13) and with the Chagos Conservation Trust (CCT) and through his
past publication record and CV[1].
As the proposed “Environmental Specialist” Price would presumably be required
to oversee all scientific and environmental aspects of the study.
Sheppard
and the CCT are perceived to be ‘anti-resettlement’ when it comes to the
possibility of the return of Chagossians to the islands, promoting the
Archipelago as ‘pristine’[2]
where conservation of the natural environment takes precedence.
Price
is understood to be a close academic colleague of Sheppard, both having worked
at Warwick University in the School of Life Sciences for many years. He has
also travelled on a number of expeditions to the Chagos led by Sheppard.
Furthermore he was a co-author with Sheppard (and others) on a recent paper
concerning the Chagos which is considered to overstate the case for
environmental conservation[3],
and on the recent (2012) Chagos Conservation Trust publication: “Conservation
and Management in British Indian Ocean Territory (Chagos Archipelago)”[4]
which is perceived as a CCT centric view of conservation. This track record and
association has the potential to seriously undermine the key principle of
‘neutrality’ in the context of this study, whether real or perceived.
Price’s
own environmental/scientific work/expertise in the Chagos has been restricted
to surveys of holothurians (sea cucumbers)[5],
or beach pollution[6]
and he has been a co-author on other pollution papers[7].
Overall his known academic publication record [8]
is sparse, particularly in the areas specified in clause 7 of the TORs under
“Environmental factors”. Although he is known to possess considerable
consultancy experience, his suitability as the sole “Environmental Specialist”
is less clear.
In
the circumstances it is strongly recommended that other alternative candidates
to Price should be investigated.
Wider
Pool of Experts
The
IR concludes “This core team will be supported by a wider pool of experts, the
composition of which will be determined during the inception phase”. Since this
draft report represents this Inception Phase, further details of the wider pool
should have been included in the draft and notified to interested parties. This
is particularly important given the doubts about Andrew Price.”
In addition,
David Snoxell, on behalf of the APPG, has provided a summary of their
response to the Inception Report:
"On 24 March 2014 the Chairman of the Chagos Islands (BIOT) APPG wrote
to Mark Simmonds, the FCO Minister responsible for Chagos, to express the
Group's support for the draft Inception Report as a sound basis on which to
proceed subject to reservations. These concerned the proposed appointment of
Prof Andrew Price as the Environment Specialist; the Group's wish that the
feasibility study should be completed by the end of 2014 so that there is time
before the election for proper consideration of the results, parliamentary
debate and implementation; the lack of any reference to involving or consulting
the Government of Mauritius; the description of the MPA as 'international'; and
a suggestion on how to make the resettlement options clearer."
CHAGOS ISLANDS WASTE WATER POLLUTION
News that
the current occupants of Diego Garcia were engaging in practices which brought
into question the stewardship of an alleged marine zone was reported around the
world. The Independent newspaper in the UK was the first publication to pick up on the
scandal and swiftly focussed on the hypocrisy of the British Government in
allowing the practice to continue unchecked for so long:
“The American military has poured hundreds of tonnes of human sewage and
waste water into a protected coral lagoon on the British-owned base of Diego
Garcia over three decades in breach of environmental rules, The Independent can reveal.
The Indian
Ocean base on the Chagos Islands has been one of the world’s most isolated and
controversial military installations since Britain forcibly removed hundreds of
islanders in the early 1970s, abandoning them to destitution, to make way for
US forces including nuclear submarines and bombers.
The
British Government has repeatedly underlined its commitment to maintaining the
pristine environment of the islands, which are known as the British Indian
Ocean Territory (BIOT) and were four years ago declared the world’s largest
marine reserve.
Despite
these undertakings, it has emerged that US Navy vessels have been discharging
waste water, including treated sewage, into the clear lagoon ever since a naval
support station was established on Diego Garcia in the early 1980s.
According
to scientific advisers, elevated levels of nutrients caused by the waste –
which have resulted in nitrogen and phosphate readings up to four times higher
than normal – may be damaging the coral.
Friday
night, campaigners fighting for Chagossians to be allowed to return accused the
British and US authorities of double standards by using the unspoilt character
of the archipelago as a reason to prevent repopulation while themselves
creating pollution.”
Moscow-based
Russia Today was similarly scathing in its assessment of the levels of
double standards:
“The base in question – located on
the Chagos Islands in the Indian Ocean – has been the focus of intense lobbying
by supporters of the native residents, who were resettled elsewhere in the
1970s in order to make way for a US naval establishment. The British government
has stated on multiple occasions that those Chagossians could not return to the
island due to its effort to maintain the area’s unspoiled habitat.
Despite these claims, however,
scientists have found the state of the coral in the lagoon to be deteriorating,
and have singled out increased levels of nitrogen and phosphate as the possible
culprits. According, the presence of these elements is
likely the result of the US Navy dumping treated sewage water and other waste
into the lagoon for the last three decades.
Although the British government was
aware of the Navy’s behavior in 2013, it has only now been revealed to the
public.”
UKChSA Chair
Sabrina Jean was invited by the Independent newspaper to offer her own views on the revelations:
“When we Chagossians lived on our
islands, the seas and lagoons were pristine. When the Americans arrived, they
caused massive environmental degradation, including bulldozing our villages and
flattening graveyards. To create building materials, they started dynamiting
the lagoon of Diego Garcia, killing fish and destroying large areas of coral
reef.
For many years we have been pressing
BIOT to conduct an environmental audit of the effects of the US occupation.
This has been consistently refused, with the explanation that the impact of the
occupation is minimal. We can now see that throughout this period there have
been no controls on the pollution.
We are the real guardians of our
homeland. Until we are allowed to return, we think that this degradation is
bound to be permitted to continue.”
Just ahead
of this edition of the newsletter going to press, Cahal Milmo implicated the British Government in the
pollution of the waters around Diego Garcia during a follow-up piece in the Independent newspaper.
“The FCO has admitted that British ‘no
discharge policy’ was not complied with by US vessels.
But in a statement to Parliament
on 6 March it failed to disclose the claims that the Pacific Marlin, a
36-year-old Japanese tug which is chartered from a Singapore-based company to
conduct duties including fishery patrols and operations with Royal Marines, may
also have contributed to the problem.
Swire Pacific Offshore Operations
Ltd, which operates the Pacific Marlin, told The Independent that it had
modified the vessel to ensure there could be no accidental discharges of sewage
but said it had not been shown any evidence that it was responsible for
elevated levels of faecal bacteria found near its vessel.
Professor Charles Sheppard, a
leading biologist from the University of Warwick, who acts as scientific
adviser to the BIOT on environmental matters, reported last year that its
patrol vessel was ‘a regular culprit in terms of sewage discharge’ on Diego
Garcia.
The report was withheld by the
FCO until this week on the grounds that its disclosure could damage
Anglo-American relations until it was challenged by another academic and forced
to disclose the material under environmental information rules.
Prof Sheppard wrote that the
suspected discharges were going into ‘the very confined small boat basin in
Diego Garcia where pathogen effects may be magnified’ and also leading to
criticism of double standards from Britain's closest ally. He said: ‘Comments
have been received from several sources along the lines of 'if the British ship
continues to do this then why shouldn't US ships?’
Tests have found levels of
nutrients such as nitrogen and phosphates up to four times higher than normal
levels in the lagoon, meaning damage may be being caused to coral on Diego
Garcia.
Peter Sand, a lecturer in environmental law at Munich University who secured the
release of Prof Sheppard's report, told The Independent that the island, which
is home to about 5,000 US personnel, should be brought into the marine reserve.
He said: ‘The declaration of the
reserve will remain an empty shell as long as it totally excludes the Diego
Garcia military base. This may explain the desperate attempts by the Foreign
Office to prevent public access to all embarrassing pollution data concerning
Diego Garcia.’
FEASIBILITY STUDY EXPERTS APPOINTED
Following on
from news last month regarding the final draft of the terms of reference being
published, the British Government has now appointed the consultants for the
long awaited feasibility study. John
Vidal from the Guardian picks up the story:
“The coral islands, which have some
of the cleanest waters in the world and half the total area of high quality
coral reefs in the Indian Ocean, are rich in fish which would normally form the
economic base of any resident community. But since Britain established the
archipelago as the world's largest marine reserve in 2010, it is theoretically
illegal for anyone to fish there – except for the US military who have been
allowed to catch around 50 tonnes of fish for sport. The setting up of the
reserve by the then-foreign secretary David Miliband was widely interpreted as an attempt
to prevent any resettlement by the evicted Chagossians.
But the terms of reference for the
consultants also suggest Britain may be prepared to compromise on the total ban
on fishing. The team has been asked to consider eco-tourism, fishing, game
fishing and "industrial development". If the Chagossians return, they
have said they plan to re-establish copra production and fishing, and to
develop the islands for tourism.
Britain has previously made it
impossible for the islanders to return, citing both costs and sea level rise. A
2003 feasibility study led to the government concluding that resettlement would
be "costly and precarious" and that sea-level rise was averaging
5.4mm a year – twice the global average – and accelerating. This was refuted by
other scientists.
The study will consider many other
environmental factors that could make life impossible for a small community to
establish itself, but which appear to have not deterred the US military. The
terms of reference specifically ask the consultants to look at how climate
change could affect life on the islands in future. "This should include
sea-level rise, rogue waves, coastal erosion, tropical cyclone frequency and
intensity and changes in wave and wind conditions."
David Snoxell, Co-ordinator of the Chagos islands' All-Party Parliamentary Group and
former British High Commissioner to Mauritius, said: ‘The FCO are to be
applauded for initiating a new feasibility study which the all-party group has
been arguing for since 2008. The Foreign Secretary announced in December 2012,
following the Strasbourg verdict, that the case was inadmissible, that he would
take stock of policies towards resettlement, but it has taken 15 months to get
only to the stage of publishing terms of reference. It is imperative that the
study is completed by the end of 2014 so that Parliament is consulted and
decisions taken before the election. We do not want a repeat of what happened
over the announcement of the marine protection area in April 2010, five weeks
before the last general election, thus ensuring that there was no time to
consult Parliament.’”
PARALLELS DRAWN BETWEEN CHAGOS
ISLANDS AND CRIMEA
An observation made by UKChSA Chair Sabrina Jean
was noticed by a Washington based weekly newspaper called The Hill. Sabrina pointed
out that the British and American-led condemnation of the Russian occupation of
Ukrainian territory in Crimea amounted to yet more hypocrisy given the events
surrounding the depopulation of the Chagos Islands. Adam Ereli outlined the unfortunate parallels between
Crimea and the Chagos Islands:
“For years, Great Britain has
repeatedly used its power and influence to stymie the peaceful resolution of
this dispute. In 2012, Mauritius announced that it would leave the Commonwealth
if necessary in order to take the Chagos issue before the International Court
of Justice. But the UK immediately amended its declaration relating to the
jurisdiction of the Court so that the ICJ would not have mandatory jurisdiction
if a case was brought against it. In 2010, Britain declared a Marine Protected
Area around the archipelago, and in response Mauritius initiated proceedings
against the UK under Annex 7 of the United Nations Convention on the Law of the
Sea. The African Union and Non-Aligned Movement have expressed unanimous
support for Mauritius over the Chagos issue.
Now is the time to do the right thing and begin
negotiations over the return of the Chagos Archipelago to its rightful owner,
the Republic of Mauritius. The era of colonialism is over. Russia’s actions in
Crimea are a searing reminder that the international community will no longer
tolerate the forceful subjugation of weaker states by their more powerful
neighbors. Mauritius is acting responsibly, consistent with recognized
international norms, to resolve this dispute peacefully. The West has the
opportunity to match its words with deeds. Great Britain and the United States
should do honor to their status as great powers and sit down with us to
negotiate a formal, legal transfer of sovereignty.
Washington has no interest in being the subject of
protracted challenges against the legality of the territory on which it
maintains a vital military facility. As a close ally and strategic partner,
Mauritius will continue to provide full access and basing rights to the United
States on Diego Garcia. By accepting Mauritian sovereignty, the UK will not prejudice
its position with respect to other colonial territories, nor will it prejudice
the "defense purposes" by which it justifies its continued occupation
of the islands.”
MINORITY RIGHTS GROUP INTERNATIONAL
Our friends at Minority Rights Group International have published a new report ahead of our appeal into the Judicial
Review which commences at the High Court in central London on the 31st
March. The full document is attached
with this month’s copy of the newsletter and calls on the
British to avoid further delays in addressing the continuing injustice
inflicted against the Chagossian community:
“A new MRG report says that the
creation of the Marine Protected Area, and the subsequent banning of commercial
fishing in its waters, effectively bars Islanders from returning to their
homes. Under international law, the Chagossians have a right to return to their
homeland, unless such return is not feasible, in which case they should be
offered appropriate compensation.
‘The Court
case highlights the pressing need for a new feasibility study to clarify, once
and for all, the possible means and arrangements for return to the islands,'
says Lucy Claridge, MRG's Head of Law.
‘Given that
the 2002 investigation commissioned by the UK government on resettlement of the
Chagos Islands was found to be seriously flawed, it is imperative that any new
feasibility study must be carried out with the full participation of the
Chagossians,' she adds.
The
Islanders' struggle to return home has led to a decades-long legal battle in
the UK courts, and culminated in a December 2012 European Court of Human Rights
(ECtHR) dismissal of their claims to return, citing reasons based on technical
grounds.”
DEMONSTRATION AT THE HIGH COURT IN LONDON
We will once again be organising
a demonstration outside the High Court
in central London on Monday 31st March. This will commence at 10am and we hope as
many of our incredible supporters as possible will be available to join us. The demonstration is to mark the two day
appeal against the High Court rejection of the Judicial Review of the MPA brought
by Olivier Bancoult last April.
CHAGOS FOOTBALL TEAM TOURNAMENT
We are delighted to confirm news
of a football tournament which will
be administered by the Chagos Football
Association. The event is an
opportunity to raise funds for our fledgling football side (we need all the
support they can get after suffering our first ever defeat last month!)
The fundraiser will be taking
place at the Hazelwick School on
Hazelwick Mill Lane, Three Bridges, Crawley RH10 1SX. The entrance fee will be £100 per competing
team and all money raised will be ploughed towards turning our up and coming
side into the next Bayern Munich.
Further details are available from Giany, Gino, Dorian or Sabrina.
UKChSA ANNUAL GENERAL MEETING (AGM)
A final reminder that we will of
course be hosting our AGM at the Pimlico branch of the Pizza Express on Sunday
6th April at 12 noon.
The full address is: 46 Moreton
Street, London SW1V 2PB.
As always all of our wonderful
supporters are welcome to come along. We
are delighted to confirm that Richard Gifford from our legal team will once
again be addressing the AGM, which of course will be the week following our
latest date at the High Court.
Thank you as always for
your continued interest and support,
Clency Lebrasse (Update
compiler)
[1]
http://www2.warwick.ac.uk/fac/sci/lifesci/people/publications/?ssn=MwZTkFw2Uz0=&inst=WARWICK
[2] At least from the marine perspective
[3] SHEPPARD, C. R. C.,
ATEWEBERHAN, M., BOWEN, B. W., CARR, P., CHEN, C. A., CLUBBE, C., CRAIG, M. T.,
EBINGHAUS, R., EBLE, J., FITZSIMMONS, N., GAITHER, M. R., GAN, C. H., GOLLOCK,
M., GUZMAN, N., GRAHAM, N. A. J., HARRIS, A., JONES, R., KESHAVMURTHY, S., KOLDEWEY,
H., LUNDIN, C. G., MORTIMER, J. A., OBURA, D., PFEIFFER, M., PRICE, A. R. G.,
PURKIS, S., RAINES, P., READMAN, J. W., RIEGL, B., ROGERS, A., SCHLEYER, M.,
SEAWARD, M. R. D., SHEPPARD, A. L. S., TAMELANDER, J., TURNER, J. R., VISRAM,
S., VOGLER, C., VOGT, S., WOLSCHKE, H., YANG, J. M.-C., YANG, S. Y. &
YESSON, C. 2012b. Reefs and islands of the Chagos Archipelago, Indian Ocean:
why it is the world's largest no-take marine protected area. Aquatic Conservation: Marine and Freshwater
Ecosystems, 22, 232-261.
[8]
http://www2.warwick.ac.uk/fac/sci/lifesci/people/publications/?ssn=MwZTkFw2Uz0=&inst=WARWICK