In a wide-ranging interview our Committee Chair Stefan Donnelly has discussed the campaign for Chagossian justice with Indian Ocean Observatory (IOO). The online publication focuses on geo-political and environmental issues affecting the Indian Ocean Region. In an interview conducted via email, Stefan explains the history of the Chagossian exile and where the campaign for return stands now.
Writing in the Irish Times, journalist Eamon McCann today (16th April) published an article assessing the potential impact of the Permanent Court of Arbitration’s (PCA) verdict that the UK had acted illegally in creating a Marine Protected Area around the Chagos Islands in 2010. The article primarily focuses on the impact for exiled Chagossians.
Much of the piece details the decades of abuse, depiction and suffering underwent by Chagossians in exile. The controversial circumstances of the creation of the Marine Protected Area, as analysed by the PCA judges, are also noted.
The article concludes with Mr McCann urging the Irish Government to join with other nations to pressure the UK and US into finally end decades human rights abuse. These are certainly the type of sentiments we’d like to see more of from journalists across the world.
Our own view is that it is as-of-yet unclear what impact the PCA verdict will have on Chagossians’ fight to return home.A Government- commissioned feasibility study in return has found that Chagossian return could be successful with little or no alteration to the Marine Protected Area (MPA). The future of the Marine Protected Area should not then have a direct impact on Chagossian return. As noted in the feasibility study, Chagossians are in any case “very committed” to protecting the environment of their homeland.
We would though urge the incoming UK Government to finally deal with the nation’s long-neglected responsibilities to Chagossians and the Chagos Islands fully, transparently and honestly.
A new report from Seychelles News Agency highlights the uncertainty felt by Chagossians after a turbulent week. On Wednesday the UK Government refused to live up to their promise to decide on supporting Chagossian return before the election. Earlier in the week the Permanent Court of Arbitration (PCA) judged that the UK had acted illegally in creating a Marine Protected Area around the Chagos Islands in 2010.
Although the PCA decision has been reported as a positive development for Chagossians, the Seychelles News Agency quotes Chairperson of the Chagossian Committee in the Seychelles Gilberte Grendron arguing it remains “quite unclear” what the consequences are for Chagossians.
The PCA case was really about Mauritian sovereignty, not Chagossian rights, she notes. Ms Grendron also adds there are concerns about what would happen to Chagossians’ UK citizenship if their homeland became Mauritian territory. Although she acknowledges the verdict of the PCA was probably correct, Ms Grendron adds that there are worries that with significant alteration to the MPA the environment of their homeland could be damaged.
Ms Grendron is entirely right to raise these concerns. If we did not already know already, one thing we should have learned in recent weeks is that Chagossian politics is extremely complex.
Elsewhere in the article our reaction to the Government’s failure to support Chagossian return is referenced, with a quote from our Patron and Secretary Philippa Gregory.
In an article, published today in Weekly, the Mauritian equivalent of Express. David Snoxell, former high Commissioner for Mauritius and Co-ordinator of the All Party Parliamentary Group, gives his reactions to the Tribunal Award in favour of Mauritius. Explaining the basis of the case brought to the Arbitral Tribunal, established under the UN Convention of the Law of the Sea, by Mauritius as a result of the UK’s unilateral declaration of a Marine Protected Area around the Chagos Islands, he finishes the article with the hope that an overall settlement could soon be reached:
An overall settlement of the issues could be closer than it has ever been, thanks to the KPMG feasibility report published in February, which found that there were no obstacles to resettlement, and to this Tribunal which obliges the UK to negotiate with Mauritius. 2015, the year of the 800th anniversary of Magna Carta, the 50th anniversary of the creation of BIOT and the renegotiation of the 1966 UK/US Agreement on the use of the Archipelago for defence purposes, could indeed be an auspicious year for Mauritius, the future of the Chagos Islands and its former inhabitants. The log jam seems at last to have broken.
The article was written before Tuesday’s FCO statement announcing a delay on reviewing the policy on resettlement.
Statement on 23 March 2015 issued by the Chagos Islands (BIOT) APPG on prospects for Chagossian resettlement and the future of the Chagos Islands.Posted in APPG, Diego Garcia, ITLOS, Mauritius, Parliament, resettlement, USA on March 25th, 2015 by Mark Fitzsimons – Be the first to comment
The Chagos Islands (BIOT) All-Party Parliamentary Group was established in December 2008 to help bring about a resolution of the issues concerning the future of the Chagos Islands and of the Chagossian people. Considerable progress has been made towards this aim.
The KPMG report on the feasibility of resettlement, published last month, concluded that there were no legal obstacles to resettlement.
The Group held its 48th and final meeting of this Parliament on Monday 23 March 2015. In the absence so far of a statement by the Government on the KPMG report members concluded that:
1: Notwithstanding the period of purdah, between the dissolution of Parliament and the general election, the Government should consult and agree with the main political parties a statement on the future of the exiled Chagossian people to be made before the election, setting out the intentions of parties likely to form the next government.
2: The APPG believes that, following the KPMG study, there should be agreement to a pilot resettlement on Diego Garcia, work on which should begin immediately when the next government comes to office, with a view to the first settlers arriving in early 2016.
3: The APPG urges the political parties to seize this opportunity, during the year of the 800th anniversary of Magna Carta and the 50th anniversary of the creation of the British Indian Ocean Territory, to bring about a fair and just settlement to which Conservatives and Liberal Democrats were committed before the 2010 election, and rectify one of the worst violations of fundamental human rights perpetrated by the United Kingdom in the twentieth century.
4: The APPG considers that any renewal next year of the 1966 UK/US Agreement on the use of BIOT for defence purposes should be conditional on a commitment by both parties to facilitate and support resettlement.
5: The Group welcomes the Arbitral Tribunal’s conclusion of the international arbitration between the UK and Mauritius and its finding that the undertakings given by the UK in 1965 are legally binding in international law. It calls upon the Government to open discussions with Mauritius concerning fishing rights which until the declaration of the MPA were operated by Chagossian owned and operated vessels.
6: In consequence of the above finding which gives Mauritius an “interest in significant decisions that bear upon the possible use of the Archipelago” the APPG urges the Government to consult Mauritius over future arrangements both for the MPA and for the US base on Diego Garcia, and also on plans for the resettlement of Chagossians, in view of the facilities available on Diego Garcia. The Government should also draw on expertise and experience available in Mauritius.
7: The APPG will be re-established after the election and continue to promote its aim of an overall settlement of the issues.
Over four decades ago, citizens of the picturesque Indian Ocean archipelago of Chagos were tricked or forcibly removed from their land by the UK to make way for a US military base following a secret deal between the two countries. The suffering of the forcibly exiled Chagossians, and their fight to return home is well documented. Now a new report brings hope their ordeal could soon be over. Dr Sean Carey finds out how.
The Chagos Islands (BIOT) All-Party Parliamentary Group held its 46th meeting on 14 January. Members considered the parliamentary questions and Answers since the last meeting on 2 December. They noted that the Leader of the House, William Hague, had been encouraging about the prospect of a debate following the publication of the final KPMG feasibility study, which was expected on 30 January. It was agreed that the Chairman would write to Mr Hague to ask for a date for the debate in the first half of February.
The Group discussed progress on KPMG’s consultations with the Chagossians which had been concluded on 12 January. They looked forward to seeing the final report which was expected to take account of the Group’s meeting with KPMG on 15 December, the various submissions from stakeholders, commenting on the draft report, and the consultations with Chagossians in Mauritius, Seychelles, Manchester and Crawley.
Members discussed the UK/US discussions on the extension of the 1966 Agreement which had begun in December and stressed the importance of including resettlement in any new agreement. As discussed at their October meeting members felt that US cooperation and assistance was necessary and an obvious condition for extending the US presence on Diego Garcia. The Group agreed that the Chairman should write again to the Chairman of the Foreign Affairs Committee to request the FAC urgently to consider the KPMG report and conditions and modalities for extending the agreement, before the dissolution of Parliament on 30 March.
The Group considered legal developments. They noted that an application to the Supreme Court to review the 2008 House of Lords majority verdict had been made on 9 January, on behalf of CRG. They also noted that a request to appeal to the Supreme Court on the MPA case was imminent. The Mauritian case against the MPA to an international Arbitral Tribunal was expected to be concluded by the end of February.
The next meeting will be on 25 February.
David Snoxell, Coordinator of the Chagos Islands (BIOT) All-Party Parliamentary Group (APPG) and former High Commissioner to Mauritius, marked the 10th anniversary of the Privy Council Orders depriving the Chagossian people of their right to return to their homeland with an article in conservativehome. He explains how, as High Commissioner to Mauritius at the time, he advised the Foreign and Commonwealth Office (FCO) that such an undemocratic device would compound the human rights violations and deceptions of the seventies and land the UK in costly legal actions and international opprobrium.
Millions have since been spent on litigation arising from these Orders. Then, on 1 April, 2010 Foreign Secretary Miliband had a Marine Protected Area surrounding the Islands proclaimed. This too triggered litigation contesting the legality of the MPA, brought both by the Chagossians and separately by Mauritius. Both executive actions, done without Parliamentary consultation, have led to a highly charged and complex political and legal maelstrom which the Coalition is, after four years in office, now trying to resolve. They have not got long in which to do so.
He goes on to explain the work of the APPG to press for an overall settlement of this Cold War legacy and for an independent resettlement feasibility study. While ackowledging that the FCO has, so far, kept to its undertaking that the process will be open and transparent, involving both the Chagossians and Parliamentarians at every stage, he stresses the APPG view that Parliament must debate the study findings before Minsters make their decisions, to be carried forward by the next government. The article ends by summarising what could be achieved by the current government if the political will is there.
Whilst in opposition Coalition politicians supported the goal of a fair and just settlement. The legacy of the last Government was a contested MPA. This Government can do better by restoring the right to return, thus removing a blot on the UK’s human rights record. This would reflect Britain’s values as a nation that ought to put human rights into practice in its own backyard. To resolve what are essentially political issues requires a sustained input of diplomacy, negotiation and compromise. But isn’t that what the FCO is for?
The Guardian reports today on the challenge by Mauritius to the legality of the Chagos marine protected area.
The marine reserve is a major obstacle to the people of the Chagos islands returning home. Mauritius argues that Britain breached a UN resolution when it separated Chagos from the rest of the colony of Mauritius in the 1960s, before the country became independent, and that Britain therefore doesn’t have the right to declare the area a marine reserve.
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.