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.