Legal

41st Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Posted in APPG, Diego Garcia, FCO, Legal, Mauritius, MPA, Parliament, USA, William Hague on March 3rd, 2014 by Mark Fitzsimons – Be the first to comment

Photo: Gail Johnson

The Chagos Islands (BIOT) All-Party Parliamentary Group (APPG) held its 41st meeting on 26 February 2014. A new member, Chris Kelly MP, was welcomed.

The Group considered the final Terms of Reference (ToRs) for the new feasibility study, issued by the Foreign and Commonwealth Office (FCO) on 30 January. Members felt that the ToRs adequately covered the requirements. They were disappointed that Chagossians would not be included in the visit of the consultants to the Islands, which would have given an opportunity for the consultants to interact with Chagossians in their homeland. They looked forward to hearing which Consultants had been selected. Given that their first task would be to produce an ‘inception report’ within 4 weeks, the Group assumed that this period was included within the envisaged 12 months for completion of the study. APPG members remained concerned that the study might not be ready in time for decisions to be taken before the next election. They recalled the enactment, without any consultation with Parliament, of the Marine Protected Area (MPA) on 1 April 2010, five weeks before the last election. They felt that this time there should be sufficient time for parliamentary debate before decisions were taken. They called on the Foreign Secretary to ensure that the study was completed by 31 December 2014. Members felt that political oversight was as important as the scientific and environmental research, much of which was already available in previous reports. They looked forward to an ongoing dialogue with Mark Simmonds, the FCO Minster responsible for the Overseas Territoriess.
Members were pleased to note that the US was being kept closely informed and that they had not objected to Diego Garcia being considered for resettlement. They urged that Mauritius should also be closely involved. They took the view that discussions with Mauritius about the future of the Islands should continue in parallel so that when the study was completed there would be an understanding between both countries on the way forward, while acknowledging that the Mauritian case against the MPA, which is due to be heard by an Arbitral Tribunal in Istanbul on 22 April, would need to be determined first. The Group expressed the hope that all issues concerning the future of the Chagossians and of the Islands should be resolved before next year’s election. They noted that 2015 would be the fiftieth anniversary of the creation of British Indian Ocean Territories (BIOT).
The Group considered legal developments concerning the Judicial Review of the the MPA which would be heard by the Court of Appeal, 31 March-1 April, and also the case before the First Tier Tribunal (Information Rights) on the applicability of Environmental Impact Reports and Freedom of Information to BIOT, on 1 May. They noted that the MPA would be four years old on 1 April and that until the litigation was concluded it remained in legal limbo. The Group believed that the MPA could only be effective with the cooperation of the Chagossians and Mauritius, particularly over the development of a Conservation Plan for the MPA, but was pleased to note that the ToRs of the Feasibility Study made provision for amendment of the Ordinances governing the nature of the MPA.
The Group was informed that the Foreign Secretary had declined to set aside the judgment of the House of Lords of October 2008 and that an application would therefore be made to the Supreme Court to re-open the case on the grounds of an alleged miscarriage of justice, arising from the 2002 flawed feasibility study.
The next meeting of the Group is on 30 April 2014.

David Miliband ignored official advice on MPA timing

Posted in APPG, Diego Garcia, ECHR, FCO, ITLOS, Labour, Legal, Mauritius, MPA, USA, Wikileaks on June 21st, 2013 by Mark Fitzsimons – Be the first to comment

In an article for the Mauritius Times (No. 3124), David Snoxell, coordinator of the Chagos Islands (BIOT) All-Party Parliamentary Group, reviews the outcome of the judicial review of the Chagos Marine Protected Area (MPA) and the way in which the then Foreign Secretary, David Miliband, rushed through the declaration of a no-take MPA against official advice:

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 Miliband 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.

The judgment observes that “it was the personal decision of the Foreign Secretary to declare an MPA on 1 April 2010, against the advice of officials.” So his green legacy was secured but at much cost in terms of worldwide perceptions of the MPA, the UK’s reputation, the deepening mistrust, felt by the Chagossians and Mauritius, and the litigation which three years later is still with us.

Further discussions, as officials recommended, could have resulted in an MPA that accommodated Chagossian and Mauritian interests. The Coalition Government would probably have insisted on it anyway.

“Ultimately victory will be ours”

Posted in CRG, FCO, Legal, MPA, Parliament, USA on June 12th, 2013 by Mark Fitzsimons – Be the first to comment

chagosStatement by the Chagos Refugees Group on the Decision dated 11 June 2013 of the High Court in London concerning the Marine Protected Area (“MPA”) around the Chagos Islands.

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!

Olivier Bancoult, OSK

Chairman 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.

Cross-party support for return of Chagosians to their homeland

Posted in APPG, ConDem, conservation, Diego Garcia, FCO, ITLOS, Labour, Legal, Mauritius, MPA, Parliament, USA on May 16th, 2013 by Mark Fitzsimons – Be the first to comment

Yesterday’s debate on the Queen’s Speech included the following speech by Baroness Whitaker, supported by Lords Ramsbotham and Avebury. They mention the pre-election commitment of the government to deliver justice to the exiled Chagossians. In the limited time the Minister has to reply to a long debate covering foreign affairs, defence and development he simply reads off the lines from a general brief provided by officials. Clearly the bit on Chagos had not been updated for some time but no attempt is made to answer the points raised by speakers.

Lord Ramsbotham (Crossbench)

My Lords, in noting the antics in the other place following the non-inclusion in the gracious Speech of a possible referendum on Europe, I am confident that they will not be repeated in this House if my contribution is devoted to the surprising absence of another issue. Before I come to that, as a vice-chairman of the Chagos Islands all-party group I agree with everything that will be said by the noble Baroness, Lady Whitaker, on the Chagossian return.

Baroness Whitaker (Labour)

My Lords, I am very grateful to the noble Lord, Lord Ramsbotham, for his trailer for my remarks, and for his support.

The gracious Speech promises to “ensure the security, good governance and development of the Overseas Territories”.—[ Official Report , 8/4/13; col. 3.]

This is sorely needed for the Chagos Islands, the inhabitants of which were exiled from their homeland by the British Government in the late 1960s and early 1970s. I am indebted to our former high commissioner to Mauritius, Mr David Snoxell, for his advice.

It is not as if anyone now thinks this exile was an example of good governance. On 23 April 2009 the then shadow Foreign Minister, Keith Simpson, said: “There is no doubt that there is a moral imperative”, and that, “I suspect … the all-party view is that the rights of the Chagossian people should be recognised, and that there should at the very least be a timetable for the return of those people at least to the outer islands”.—[ Official Report , Commons, 23/4/09; col. 176WH.]

In a letter to a member of the public on 23 March 2010 the shortly to be Foreign Secretary William Hague said: “I can assure you that if elected to serve as the next British government we will work to ensure a fair settlement of this long-standing dispute”.

I will briefly remind noble Lords of how this tragic fate overtook the Chagossians. 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. Some came to Britain from 2001.

Now, fewer than 700 of the original islanders remain. The United States base on Diego Garcia is 140 miles away from the outer islands, to which some would like to return. When the Government of the United States were asked by our Foreign Office publicly to affirm, as was reported in a WikiLeaks cable from the United States embassy in London, that they required the whole of the British Indian Ocean Territory for defence purposes, they did not do so. The State Department has indicated informally to a member of the Chagos Islands (British Indian Ocean Territory) All-Party Parliamentary Group, of which I also am a member, that if asked it will review the security implications of a limited return. Our Law Lords described official letters that claimed that there was a defence risk as “fanciful” and “highly imaginative”.

In 2014 the agreement with the United States will come up for renewal. I suggest that this gives an excellent opportunity for exploring whether a small number of Chagossian people could return to the outer islands. It would seem to have no security or defence implications for the base on Diego Garcia. I am assured that many will not want to return, but all want their right to do so restored, and some will want only to visit their homeland and come away.

Would this be a burden to the British taxpayer? The Foreign Office set up a feasibility study in 2001, which claimed that resettlement was not feasible and anyway was very expensive. The infeasibility argument has been discredited by one of its own consultants and by others, most recently in a report by Professor Paul Kench of Auckland University. As for the cost, it would be idle to pretend that justice would not carry some. However, the United Kingdom would not have to bear the whole burden of restoring the tiny infrastructure. The European Union high representative has confirmed to Charles Tannock MEP that funds are available. The UNDP may have capacity and it would surely be right for the United States, Mauritius and the Commonwealth to do their bit.

What of the marine protected area, with its full no-take ban on fishing—except, as it happens, around the waters of Diego Garcia, where recreational fishing can be practised—which was hastily declared by David Miliband, as Foreign Secretary, just before the last election? It is unlike most other MPAs, for instance around the Galapagos Islands, where the people who live there help to maintain it.

There is worldwide support for a marine protected area that takes account of the interests of the Chagossians and Mauritius. However, it should have been properly conceived, with a defined role for inhabitants. As it stands, there is only one vessel to patrol the ban over 640,000 square kilometres, and I have seen photographs of very recent substantial illegal fishing operating within the MPA.

The MPA was proclaimed without taking account of the views of the Chagossians, who applied for judicial review in the high court, or of Mauritius, which has brought a case under the Permanent Court of Arbitration for breach of the Convention on the Law of the Sea. There is much work to be done to make the MPA what it ought to be so that everyone can wholeheartedly support it.

In the time available I have simply tried to pinpoint the chief aspects of a manifest and agreed injustice of a fundamental kind. This hardly matches the human rights standards of the Commonwealth charter, which we signed only last March. However, it is very good news that the Foreign Secretary has shown indications of a positive attitude to righting these wrongs in his statement following the end of the human rights case in Strasbourg, and that he is reviewing the policy on resettlement. I hope that the Minister can say how the Government will now proceed and when Parliament will be consulted about the review of that policy.

Lord Avebury (Liberal Democrat)

My Lords, I warmly echo the remarks of the noble Baroness, Lady Whitaker, and the noble Lord, Lord Ramsbotham, on the right of the Chagossians to return to their homeland, from which they were ejected many years ago in one of the most shameful episodes in British colonial history. I also join her in welcoming the review by the Government of their Chagos policy, which I hope will lead to the removal of this blot on our reputation.

Lord Rosser (Labour)

At this point, I refer to the speech made by my noble friend Lady Whitaker and the issue of the Chagos islanders—a matter also referred to by the noble Lords, Lord Ramsbotham and Lord Avebury. The issue is whether they should be able to return to the outer islands. My noble friend referred to the statement made in 2010 by the now Foreign Secretary that he would,

“work to ensure a fair settlement of this long-standing dispute”.

My noble friend asked what the Government were doing or intending to do in the light of that undertaking. I do not know what that statement by the Foreign Secretary was meant to mean. I hope that the Minister will provide a direct answer to my noble friend’s question when he responds.

Lord Astor of Hever (Parliamentary Under Secretary of State, Defence; Conservative)

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. The Government will continue to look at the issues involved and engage with all those with an interest.

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.

Wikileaks and the Chagos MPA

Posted in FCO, Legal, MPA, Wikileaks on April 24th, 2013 by Mark Fitzsimons – Be the first to comment

David Snoxell, former British high commissioner to Mauritius, wrote a letter to the Guardian in response to its Editorial, making further pertinent points in relation to the judges ruling on the admissibility of Wikileaks evidence:

If the judges rule (Editorial, 19 April) that communications (eg WikiLeaks) emanating from diplomatic missions are protected by the Vienna convention, all such material held by their receiving governments will also be protected. The purpose of the convention was to protect diplomatic missions, not the archives of home governments which have more effective means of security protection. Do judges have the power to extend the scope of internationally negotiated UN conventions and would the Foreign and Commonwealth Office agree that this is desirable? Judges and government probably need more time to consider fully the implications of such a ruling than a complex judicial review on the legitimacy of the Chagos marine protected area allows.

Stance of Yannick Mandarin contested

Posted in conservation, Legal, Mauritius, MPA on April 23rd, 2013 by Mark Fitzsimons – 2 Comments

A response to the stance of Yannick Mandarin with regards to the Chagos Marine Protected Area is published below:

Further to the letter of Yannick Mandarin.

We the younger generation of the Chagossian community expresses our complete disapproval of the stance taken by Yannick Mandarin. We believe that he has been grossly misled.

We live in Mauritius but the dream to go back to our forefathers’ homeland remains ours and not to be snatched cruelly by anyone.

Our identity, origins, norms, traditions and values are inspired and derived from the Chagossians’ culture. Despite the fact that we have never been to Chagos, our parents and/or grandparents have ensured that the culture is not eradicated.

Ultimately, we would one day like to visit, develop and stay on our forefathers’ homeland.

We strongly reject the assertion that the Chagossians natives should be expected to forget the land where they were born. We are not against the preservation and conservation of the environment but we do not accept that these measures should be implemented at the expense of fundamental breaches of Human Rights.

It is be to be noted that the hearing regarding the judicial review contesting the legality of the unilaterally declared Marine Protected Area “MPA” a claim brought by Olivier Bancoult, Leader of the Chagos Refugees Group (CRG) is currently being held at the Royal Court of Justice, London.

Regards,

Mr. Claudy Pauline,

Police Inspector

National Coast Guard

Mauritius Police Force

Gsm +(230) 259-5092

Chagos Islands: open secrets

Posted in conservation, FCO, Legal, MPA, USA, Wikileaks on April 23rd, 2013 by Mark Fitzsimons – Be the first to comment

A recent Guardian article and editorial highlight the latest attempt by the Foreign and Commonwealth Office (FCO) to suppress the truth about its motivation for the creation of a Marine Protected Area around the Chagos Islands, by insisting that evidence sourced from Wikileaks was inadmissable as evidence according to Diplomatic Privileges Act. This is the latest example of how the FCO, through its taxpayer-funded lawyers, has used every trick in the book to avoid facing up to the truth of Wikileaks. The Guardian states:

Clumsy vanishing tricks are back on the stage, this time in connection with the Chagos Islands. In a shaming chapter of British colonialism, the islands’ inhabitants were cleared away as part of a deal to create a US airbase, in which US backhanders and the misleading of parliament are established facts. Even William Hague is not trying to deny it all; his more modest – but still audacious – ambition is to get the courts to pretend that they have never seen a devastating memo that emerged as part of the 2010 US embassy cables. It records Colin Roberts – a mandarin now set for installation as the governor of the Falklands – allegedly explaining that a purportedly environmental scheme to create a “marine conservation park” including the islands will in fact “put paid to resettlement claims of the archipelago’s former residents”, breathtaking evidence of a gulf between public policy and private motivation.

Faced with litigation concerning the lawfulness of the conservation policy, at the start of this week the Foreign Office was following its customary tactic of refusing to engage on the basis that it never confirms or denies leaks. Suddenly, however – and apparently without written argument – it switched strategies and announced that the memo could not be considered without violating the Vienna convention, which protects diplomatic correspondence.

We await the court’s written ruling, but the judges have already indicated they may accept an argument, which in effect recognises that the memo is authentic. That is only one bizarre implication of what could prove a very British cover-up. For if the law requires that this newly authenticated document be put back under wraps, where does that leave the likes of the Guardian, which has already released it? Must it now be “unpublished”, and taken down from the web? It is of course a ridiculous prospect, but then fear of ridicule never gets in the way of a good English scramble to pretend unfortunate things have never been seen.

34th Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Posted in APPG, conservation, ITLOS, Legal, Mauritius, MPA, Parliament, William Hague on February 20th, 2013 by Mark Fitzsimons – Be the first to comment

Photo: Gail Johnson

The Chagos Islands (BIOT) All-Party Parliamentary Group held its 34th meeting on 13 February 2013. The Chairman welcomed two new members, Lord Prescott, former Deputy Prime Minister, and Lord Ashcroft.

Members discussed the letter of 15 January from the Chairman  to the Foreign Secretary, in which the Group’s views on the way forward had been set out and  a request made for a meeting to follow up the last one with him in December 2011. As no reply had yet been received the Group asked the Chairman to send a reminder. Members felt that Parliament should be closely involved in consideration of the policy options being put by officials to the Foreign Secretary, before decisions were taken. These could best be discussed in a meeting with him.

The  Group discussed the decision on 15 January of the Arbitral Tribunal (of the Permanent Court of Arbitration) on the Mauritian case, lodged  with ITLOS in December 2010, challenging the legality of the MPA. The Tribunal had decided against the FCO and that it would consider both jurisdiction and merits together, but this would probably not be until the middle of 2014. The Group felt that this provided ample time for the FCO and Mauritius to come to an accommodation and settle out of court. Members did not think it was appropriate to describe the Mauritius case as being hostile and aggressive litigation. Cases came to court to enable  judges to decide whether or not there had been a breach of the law. This was a legal, not a hostile process. Also in a case between states, especially as they were both members of the Commonwealth, there was plenty of opportunity to come to a diplomatic solution. The Group noted that the 2015 Commonwealth Heads of Government Meeting would be held in Mauritius. It was therefore crucial that the FCO and Mauritius settled their differences in a friendly manner before then. Mauritian support for Chagossian resettlement was noted.

The Group considered the 19 Parliamentary Questions  on Chagos issues which had been tabled and answered since their last meeting. Members detected, for the most part, a more positive and open minded approach to the issues. Lord Prescott, whose article in the Sunday Mirror of 19 January, was considered, suggested that he should raise the issues with the Commissioner for Human Rights of  the Council of Europe and in one of the Council’s Monitoring Bodies. Members agreed to continue to press for debates in both Houses of Parliament. They also asked the Chairman to invite David Miliband, who had just been appointed a Co-Chair by the Pew funded Global Marine Conservation, to attend an APPG meeting.

The next meeting will be held on 20 March 2013. A further meeting on 17 April 2013 was pencilled in so that the Group could meet Olivier Bancoult, since he would be in London at that time for the Chagos Islanders Judicial Review of the MPA.