CRG

Chagos: Conservationists are swimming in murky waters

Posted in APPG, ConDem, conservation, coverage, CRG, Diego Garcia, ECHR, FCO, Labour, Legal, Mauritius, MPA, Parliament, USA on May 21st, 2013 by Mark Fitzsimons – Be the first to comment
chagos

Photo: Getty images

An article by Dr Sean Carey, published in the UK Independent blog, is reproduced below:

“Being in Chagos is an incredibly special experience,” says Rachel Jones, deputy team leader of the Aquarium at ZSL London Zoo, in a new YouTube posting extolling the “unique” environment of the warm, pristine waters of the archipelago. “It’s literally like going back in time… It’s what reefs, I imagine, were like 50 or 60 years ago. She adds: “It’s very special being somewhere where you know you’re the only one there. There’s no one else around.”

How nice, you might think, that UK marine scientists can explore the corals and monitor shoals of fish in the British Indian Ocean Territory. But what Jones omits to mention is that 50 or 60 years ago there was a vibrant community of around 1700 islanders living in harmony with the environment. The only reason there isn’t now is that the entire population was exiled.

The shameful history of what happened was neatly summarised by Baroness Whitaker in the debate on the Queen’s Speech in the House of Lords recently. She said: “In 1965 our Government detached the Chagos Archipelago from Mauritius in order to form a separate British Indian Ocean Territory, in defiance of four UN resolutions. They reclassified the inhabitants as contract workers, made the largest, most southerly island Diego Garcia, available to the United States for use as a military base, and gradually removed the Chagossians from all the islands, eventually depositing them in Mauritius and the Seychelles during 1971 to 1973.”

Since then the islanders, the descendants of African slaves and Indian indentured labourers, have been fighting a marathon legal campaign to restore the right of return. After a series of spectacular victories in the lower courts, the Chagossians, led by Port Louis-based electrician Olivier Bancoult, were narrowly defeated by 3-2 majority in the House of Lords in 2008. There was a further setback last December when the European Court of Human Rights ruled that the case was inadmissible, because many of the islanders exiled in Mauritius (though not those in the Seychelles) had accepted compensation from the UK in 1982.

Back in the Upper House, Lord Astor, the Coalition Government’s spokesman replied with customary courtesy. “The noble Baroness, Lady Whitaker, asked why the Chagos islanders could not return. We regret what happened in the late 1960s and 1970s. The responsibility for decisions taken then has been acknowledged by successive Governments. However, the reasons for not allowing resettlement, namely feasibility and defence security, are clear and compelling.”

Lord Astor was clearly reading from an old brief because the Foreign & Commonwealth Office is now being forced to come to terms with overwhelming evidence that neither reason given is clear and compelling. Why? Well, first the base is around 140 miles from the outer islands in the Archipelago, such as Peros Banhos and Salomon, which could be resettled. It’s simply not credible to believe that a few hundred Chagossians would jeopardise US operations. Secondly, if Diego Garcia remains viable for some 3,500 military personnel and ancillary workers then logic dictates that the other islands can also be made suitable.

Furthermore, pressure continues to mount both in the UK and internationally. Earlier this year in an article for The Mirror, former Deputy Prime Minister John Prescott made his feelings clear. “I’m ashamed the UK governments allowed this to happen. It was wrong and we must make amends,” he wrote. (Since then Lord Prescott has joined the Chagos All Party Parliamentary Group; so too has former Deputy Chairman of the Conservative Party Lord Ashcroft.)

A few days ago, in an article for Libération, JMG Le Clezio also denounced the brutal removal of the islanders from their homeland as an “organised denial of human rights”. He claimed that the failure of the court in Strasbourg to take action was a “denial of justice” and a clear example of “moral cowardice”. The 2008 Nobel Prize winner for literature, who holds dual French and Mauritian nationality, calculates that it is part of the “indifference of the powerful” to those who are obliged to live on the margins.

It’s difficult to disagree – unless, of course, you work for the ZSL and other conservation groups which are apparently content to ignore the misfortune and misery of those who were in Chagos long before they were.

35th Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Posted in APPG, conservation, CRG, Diego Garcia, FCO, Legal, MPA, Parliament, USA, Wikileaks, William Hague on April 25th, 2013 by Mark Fitzsimons – Be the first to comment

Photo: Gail Johnson

The Chagos Islands (BIOT) All-Party Parliamentary Group held its postponed 35th meeting on 24 April 2013.  Olivier Bancoult, the Chairman of the Chagos Refugees Group, visiting the UK for the Judicial Review of the Chagos MPA, was invited to address the Group. He was accompanied by the new chair of the UK Chagos Support Association, Sabrina Jean.

In closed session members discussed the Foreign Secretary’s reply to the Chairman, in which Mr Hague had said he would be happy to meet the APPG later in the year once progress had been made with the review of policy on British Indian Ocean Territories (BIOT). Members noted that it was now 4 months since Mr Hague had announced on 20 December 2012 that he would take stock of the policy towards the resettlement of BIOT. They questioned how it was possible for such a review to take so long given that the Foreign and Commonwealth Office (FCO) had been considering the options since an earlier review announced by the new Foreign Secretary in June 2010. Members wanted to discuss their proposals with the Foreign Secretary before decisions were taken.
The Group discussed the 21 Parliamentary Questions and Questions on Chagos tabled since the last meeting on 13 February. They felt that, although largely repeating the same positions, the tone was more positive. They were encouraged by the reply of Mr Simmonds to a PQ on 25 March from Andrew George MP in which the Minister had stated that “Ministers and officials continue to engage with Chagossians as part of our review of policy. This will include the costs, benefits and other consequences of any kind of resettlement”. Members felt that Baroness Warsi’s replies to Lord Avebury’s letters, regarding diplomatic solutions concerning Mauritius and the Chagossians, rather than litigation, were not positive.
Members took note of Dominic Kennedy’s interview with Henry Bellingham MP, the previous Foreign Office Minister in charge of BIOT and now a member of the Group, in The Times of 29 March. They were pleased to see his suggestions for moving towards a limited resettlement. These included a private sector led initiative, an eco-tourism project, a centre on the Outer Islands for research, enhanced mooring facilities, a jetty, an eco hotel and a visitors centre on Diego Garcia for Chagossians. Members agreed with Mr Bellingham that it would give the Chagossians “a feeling that Britain and America were atoning for the sins of the past”.
The scientific review (Oct 2012) by Dr Paul Kench of the 2002 Feasibility Study was discussed. Members agreed that his report demonstrated that the Feasibility Study, on which the FCO had always based their policy against resettlement, had been seriously flawed, contained contradictory evidence and was lacking in transparency and tested scientific data, resulting in incorrect conclusions. The Group reiterated their wish for a new scientifically rigorous and up to date study.
The Coordinator briefed the Group on the current Judicial Review of the MPA (15-24 April). The Group took note of the judges’ ruling concerning the inadmissibility of wikileak evidence (which had been allowed in an earlier judgment by a High Court judge) on the grounds that  Article 24 of the 1961 Vienna Convention on Diplomatic Relations precluded the use of communications belonging to diplomatic missions. Members wondered if  FCO Ministers had properly considered the wider implications of such a ruling before it was raised by the FCO legal team in court.
The next meeting will be on 5 June 2013.

Hague ‘should say sorry to the Chagos islanders and let them return’

Posted in APPG, Crawley, CRG, ECHR, FCO, Legal, MPA, Parliament, Wikileaks, William Hague on December 26th, 2012 by Mark Fitzsimons – Be the first to comment

So says Dr Sean Carey, a research fellow at the University of Roehampton, UK, in an article for The Independent. The article was written in the wake of the seven-judge chamber of the European Court of Human Rights deciding by majority that the case regarding the right of return of the exiled Chagos Islanders was inadmissible.

The article charts the campaign for justice waged by the Chagossians over the years, and the tactics used by the Foreign and Commonwealth Office to block them, the most recent being the creation of a Marine Protected Area.

The article concludes:

“Although recent UK governments have expressed “regret” about the past, it is very revealing that no formal apology has been made to the Chagossians. Irrespective of the decision of the Strasbourg court, on moral and ethical grounds, it is time for a change in tone and policy. That should include a debate in Parliament in the New Year, and the Foreign Secretary working in close collaboration with the Chagos All Party Parliamentary Group. William Hague should also take the opportunity to invoke the spirit of William Wilberforce by apologising for the mistakes of previous UK governments and allow the islanders to return to their homeland.”

European court says it has ‘no jurisdiction’ on Chagos case

Posted in CRG, ECHR, Legal on December 20th, 2012 by Robert Bain – 1 Comment

The Chagossians and their supporters throughout the world are saddened and shocked that a seven-judge chamber of the European Court of Human Rights has after eight years, by a majority ruling, decided that it does not have jurisdiction to give judgment on the case of the Chagos Islanders and that the case is therefore inadmissible. The Court concluded that the Chagossians had no right of individual petition.

The European Convention for the Protection of Human Rights guarantees that no one shall be subject to inhuman or degrading treatment. It is obvious to all right-thinking people that depriving the Chagossian people, for whom Britain was responsible, of their homes, livelihoods and homeland and deporting them 40 years ago, was a grievous violation of their fundamental human rights. This was compounded as late as 2004 by Privy Council Orders, a means by which Parliament was bypassed. The Orders overturned a November 2000 High Court judgment and the decision by Foreign Secretary Robin Cook to restore the right to return to the Outer Chagos Islands. It is inconceivable that parliament would have agreed to deprive the Chagossians of this fundamental birthright.

What happened has been described by English courts as shameful, an abuse of power, repugnant, deplorable and unlawful. Strasbourg also concluded that this was “the callous and shameful treatment which they… suffered from 1967 to 1973, when being expelled from, or barred from return to, their homes on the islands and the hardships which immediately flowed from that”. In 2008 two of the five Law Lords held that without the authority of parliament these Orders were unlawful, anachronistic and against the principles of democracy. Lord Bingham, presiding, said that there was “no (other) instance in which the royal prerogative had been exercised to exile an indigenous population from its homeland”.

Now that the European Court of Human Rights has decided that it does not have jurisdiction we appeal to the coalition government to stand by their pre-election promises to bring about a just and fair settlement to one of the great tragedies of the twentieth century, perpetrated by the UK on the defenceless – the brutal removal of an entire people from their homeland and their way of life, into a life of exile, poverty and hardship. We expect our Government to reflect the British sense of fair play and to ensure that the same basic human rights apply to Chagossians, who are British, as apply to the people in the UK. As the Foreign Secretary himself has said, “The British public expects its Government to act with moral integrity.”

Charlezia Alexis dies aged 79

Posted in Crawley, CRG, personal on December 16th, 2012 by Robert Bain – Be the first to comment

Charlézia Alexis (Photo: L’Express)

Charlezia Alexis, the passionate Chagossian campaigner and singer, died this morning aged 79.

Illegally evicted from her homeland along with hundreds of others by the British authorities in the 1960s, Charlezia was one of the founders of the Chagos Refugees Group, campaigning to be allowed to return. She died in the UK having spent half her life in exile.

Her death follows that of Lisette Talate, who died aged 70 last year.

Charlezia’s funeral will take place in the UK, and a special mass will be held by the CRG in Mauritius.

If the British government continues to stand in the way of resettlement, more like Charlezia and Lisette will die without being able to see their home again.

Read L’Express’ coverage here.

FCO officials face cross-examination on Wikileaks cable

Posted in coverage, CRG, FCO, Legal, MPA on July 29th, 2012 by Robert Bain – 2 Comments
Royal Courts of Justice (Photo: Ell Brown, via Flickr)

Royal Courts of Justice (Photo: Ell Brown, via Flickr)

The Independent reports that Foreign Office officials will be cross-examined on the content of a US diplomatic cable leaked by Wikileaks, as part of the Chagossians’ application for a judicial review of the Chagos Marine Protected Area.

The cable, one of many leaked by Wikileaks in 2010, summarised a conversation in which BIOT Commissioner Colin Roberts claimed that “establishing a marine park would, in effect, put paid to resettlement claims of the (Chagos) archipelago’s former residents”. Roberts also reportedly said that the Foreign Office had no regrets about the eviction of the islanders.

Our patron Ben Fogle wrote angrily at the time about having been duped into supporting a marine reserve created under ‘false pretences’, as a way to keep the Chagos islanders from returning to their rightful home.

Answering questions about this might be uncomfortable for the government, but we believe it will be good for transparency.

Chagos MPA ‘unenforceable’

Posted in conservation, CRG, FCO, Legal, Mauritius, MPA, Uncategorized on February 27th, 2012 by Mark Fitzsimons – Be the first to comment

So contends Peter Sand, a leading environment lawyer who has written extensively on Chagos legal issues. In an article recently published in the Journal of Environment and Development, Sand comments that the unilateral enactment of the MPA disregarded “the legitimate interests both of other states and of the people directly concerned” and that it “remains unenforceable under UNCLOS article 73″.

Lisette Talate dies aged 70

Posted in CRG, Mauritius, personal on January 6th, 2012 by Robert Bain – Be the first to comment

We are saddened to learn of the death of Lisette Talate, who died on Wednesday at the age of 70.

Lisette, who was born on Chagos, was a prominent and inspirational figure in the Chagossian community in Mauritius and in the campaign to be allowed to return to the islands. She was able to take part in a short visit to the islands in 2006 – the first time she had been back since she and hundreds of others were evicted 33 years earlier. Sadly she did not live long enough to see justice done.

Olivier Bancoult, chairman of the Chagos Refugees Group, sent this statement:

“It’s with great sadness that we announce the death of Mrs Lisette Talate, our vice president and elected members of Chagossian Welfare Fund Board.

Mrs Talate had been involved in the struggle since her arrival in Mauritius in 1973. Together with Charlesia Alexis and others, she has been a famous example, having participated in several hunger strikes, demonstrations and been arrested by police.

Our community has lost one of our unforgotten personalities who has contributed to the struggle of the Chagossians. She was nominated among one thousand women for the Peace Nobel Prize, and had been decorated by the Prime Minister last year as Members of Star and Key of the Indian Ocean.

Our condolences to all members of her family together with our Chagos Refugees Group members and our Chagossian community.”

Lisette’s funeral was held yesterday in Cassis, Mauritius.

Read L’Express’s reports here and here, the Chagos Refugees Group’s report here and Le Mauricien’s report here.

The longer the British government delays in bringing justice to the Chagossians, the fewer will be left to see their homeland again.

“With political will and compromise, solutions could be found”

Posted in APPG, CCT, ConDem, conservation, CRG, FCO, Legal, Mauritius, MPA, Parliament, Wikileaks, William Hague on December 23rd, 2011 by Mark Fitzsimons – Be the first to comment

So explains David Snoxell, co-ordinator of the British All Party Parliamentary Group (APPG) on Chagos, in an interview with L’Express Weekly, Mauritius. The piece covers issues ranging from De L’Estrac’s English translation of his book ‘Next Year in Diego Garcia’ to a recent meeting of the APPG with William Hague, and how people can get more involved in supporting the Chagossians. The article is available here.

The 2006 visit on film

Posted in CRG, FCO, video on November 13th, 2011 by Robert Bain – Be the first to comment

Videos from the 2006 visit to the Chagos islands can now be seen on YouTube:
- Part one
- Part two
- Part three

A hundred Chagossians took part in the ten-day trip, organised by the Foreign Office, to Diego Garcia and several of the outer islands. CRG leader Olivier Bancoult said at the time: “We maintain our objective of returning to live in our birthplace. We think justice must be done but this first visit was very successful.”