MPA

Chagos Islands: The ‘point of return’ beckons for Chagosians

Posted in APPG, Ben Fogle, Benjamin Zephaniah, CCT, CRG, Diego Garcia, EU, FCO, Feasability Study, Labour, Legal, Mauritius, MPA, Parliament, Philippa Gregory, Phillip Hammond, resettlement, UN, USA, William Hague on February 9th, 2015 by Mark Fitzsimons – Be the first to comment

chagos

 

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.

46th Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Posted in APPG, CRG, Diego Garcia, Mauritius, MPA, Parliament, resettlement, USA, William Hague on January 15th, 2015 by Mark Fitzsimons – Be the first to comment

Photo: Gail Johnson

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.

Now is the Government’s chance to keep its Chagossian promise

Posted in APPG, ConDem, conservation, Diego Garcia, FCO, Feasability Study, MPA, Parliament, resettlement, UN, USA, William Hague on January 7th, 2015 by Mark Fitzsimons – Be the first to comment
An aerial view of Diego Garcia (copyright holder unknown)

An aerial view of Diego Garcia (copyright holder unknown)

 

 

 

 

 

 

 

 

 

In an article for conservativehome David Snoxell, Co-ordinator of the Chagos Islands (BIOT) All-Party Parliamentary Group, reviews progress on the pre-election commitment given by William Hague in a letter to a member of the public in March 2010

“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”.

A feasibility study on resettlement of the Chagos Islands is due to be published at the end of January 2015 and Snoxell acknowledges this important step forward, highlighting how FCO arguments against resettlement have been demolished by the report. However, he expresses concern about the high resettlement costings presented and questions the validity of values and calculations used. He also indicates the willingness of a number of other bodies, including the EU, to consider contributing to the costs of resettlement. He finishes by emphasising the necessity for a parliamentary debate before any ministerial decision is taken and notes that 2015 would be a symbolic year to end the forced exile of the Chagossian people.

Obviously, to be of any use, a debate should precede ministerial decisions on the report. So the timetable is pointing towards a debate in the first half of February, followed by a decision on resettlement in March, just in time for the election. The APPG proposal is a compromise, the lowest common denominator, which all “stakeholders” – the Chagossian groups and their worldwide support network, FCO officials, conservationists, scientists, human rights advocates and the US – should be able to accept.

Sadly, the number of Chagossians who were expelled between 1968-73 continues to diminish. 2015 will be the fiftieth anniversary of the creation of BIOT and the 800th anniversary of Magna Carta which provides that no “free man” shall be exiled. There could be no better way of celebrating the freedoms and the Rule of Law enshrined in Magna Carta than by allowing the Chagossians, who are also British, to return home.

This would be welcomed by the UN, African Union, Commonwealth and international community, and would strengthen the credibility of the UK’s promotion of international human rights.

Opponents of Chagos Islands resettlement again honoured in Queen’s Birthday Honours list

Posted in APPG, CCT, conservation, FCO, Legal, MPA, resettlement, Uncategorized on June 30th, 2014 by Mark Fitzsimons – Be the first to comment

The new Chairman of the Chagos Islands Conservation Trust (CCT), Professor Charles Sheppard, has been awarded an OBE in the recent Queen’s Birthday Honours list. In the Mandrake column published by The Daily Telegraph journalist Tim Walker suggested that this would be unwelcome news to most Chagossians and their supporters, as the CCT and Charles Sheppard have been opponents of resettlement (although it now takes a “neutral” position with regard to resettlement).
Prof Sheppard is not the first opponent of Chagossian resettlement to receive a national honour from the Queen in the recent past. Last year fellow Chagos Island Conservation Trust member Simon Hughes received an MBE whilst a Foreign Office Legal Adviser, Dereck Walton, received an OBE.
Commenting in the Daily Telegraph article, Chagos Islands APPG Coordinator David Snoxell stated that

“Three honours lists in a row have honoured individuals – nominees of the FCO – who, in their different capacities, opposed resettlement. At a time when progress is being made on a resettlement feasibility study commissioned by the FCO, this sends the wrong signal. Acknowledging conservation is important, but not when it trumps the human rights of an exiled people.”

WikiLeaked diplomatic cable , judged as admissible evidence

Posted in Legal, MPA, Wikileaks on June 11th, 2014 by Mark Fitzsimons – 1 Comment

A leaked diplomatic cable published by a third party on the internet did not violate the archive and documents of the diplomatic mission which had sent the cable because it had already been disclosed to the world and, consequently, it was admissible as evidence in court. The Court of Appeal so held, inter alia. in dismissing the appeal of the claimant, Louis Oliver Bancoult, against the refusal of the Divisional Court of the Queen’s Bench Division (Lord Justice Richards and Mr Justice Mitting) ([2013] EWHC 1502 (Admin)) to grant judicial review of the decision on April 1, 2010, of the defendant, the Foreign Secretary, to create a no-take marine protected area for the environmental protection of the British Indian Ocean Territory. A summary of the judgement was published in the Times on 10 June 2014.

The Chagossian maelstrom – is there an end in sight?

Posted in APPG, Diego Garcia, Legal, Mauritius, MPA, Parliament, resettlement, USA on June 11th, 2014 by Mark Fitzsimons – Be the first to comment

ile sudestDavid 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?

Disappointment at Appeal Court verdict on Chagos marine reserve

Posted in ConDem, conservation, FCO, Labour, MPA, resettlement, Wikileaks on May 26th, 2014 by Robert Bain – Be the first to comment

The Court of Appeal has upheld the High Court’s ruling that the Chagos marine reserve imposed by Gordon Brown’s government in 2010 was lawful.
Judges considered cables revealed by Wikileaks, which suggested the Foreign Office hoped the Chagos marine reserve would prevent the islanders from returning home.
The Chagos Refugees Group has made the following statement:

Chagossians welcome the important decision of the Court of Appeal that the Wikileaks cable, in which the Commissioner for British Indian Ocean Territory revealed the true purpose of David Miliband’s Marine Protected Area around the Chagos islands to be to prevent resettlement by us of our islands should have been admitted in evidence. It clearly showed that the UK was presenting the MPA to the USA as a means of preventing us from resettling our ancestral homeland. We condemn the last British government for the underhand way in which our dignity as an uprooted people has been further insulted. What we do not understand is that, having wrongly excluded this important evidence from the Court, it has now been decided that this exclusion “makes no difference” to the issue of this improper purpose. It seems that the whole world now knows what was said between officials in secret, but the Courts are alone in disregarding the clear message of deception which it reveals.
It should be recalled that the history of our exile is marked by serious acts of deception practised in order to disguise what is a clear breach of our rights of self determination. This history includes:

1. The deception of the UN in 1965, when the Colonial Office misrepresented our people as a transient population, despite their duty to help us towards self- determination, in order to evade fundamental rights and secretly deport our people into exile.

2. The secret documents that required us to surrender our right of return, which were not explained or translated to us, when small amounts of compensation were paid in 1982.

3. The now revealed interference by officials with the feasibility Study in 2000-2002 which Robin Cook promised as a means of providing for our return.

4. The secret abolition of our Right of Return, by Jack Straw, in 2004, when the false conclusions of the feasibility study were used to justify this attack on our identity as an island people. Chagossians will never give up our fundamental right to return to our homeland. We welcome the decision of the coalition government to make a second study of the Return of the population, provided that this is a sincere effort to achieve real resettlement. We deplore the last Government’s tricks to cheat us of our return, after the High Court declared our exile to be illegal in 2000.

Chagos marine reserve challenged at tribunal

Posted in Legal, Mauritius, MPA on April 22nd, 2014 by Robert Bain – Be the first to comment

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.

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 – 1 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.

40th Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Posted in APPG, FCO, Mauritius, MPA, USA, William Hague on December 20th, 2013 by Mark Fitzsimons – Be the first to comment

Photo: Gail Johnson

The Chagos Islands (BIOT) All-Party Parliamentary Group held its 40th meeting on 17 December 2013

The Group reviewed the progress made since its first meeting 5 years ago, on 16 December 2008. Members recalled the purpose of the Group was “to help bring about a resolution of the issues concerning the future of the Chagos Islands and the Chagossian people”. The Group had also decided that “following the end of legal proceedings (Law Lords judgment Oct 08) the responsibility for the Chagos Islanders now rests with Parliament”. At its second meeting on 29 Jan 2010 the Group agreed several objectives one of which was. “A truly independent study of the practicalities and way in which a limited resettlement of Salomon and Peros Bahnos can be achieved….. drawn up in consultation with interested parties, not least the Chagossians”.They were pleased to note that after 5 years the Foreign and Commonwealth Office (FCO) had now agreed to a new study. They were disappointed that another of its objectives (“Discussions with Mauritius on the future sovereignty of the Outer Islands”) had not so far begun although its objective (“Re-negotiation of the Agreement with the US by 2015, to reflect the right of the Chagossians to live on the Islands and any changes to the sovereignty of those Islands”) appeared to be on course.

Members discussed the proposed Terms of Reference for the new feasibility study. They endorsed the points made by Baroness Whitaker, Lord Avebury and Lord Luce in the Lords debate on 27 November, in particularly that it would be necessary to cut the length of the study from 12 to 6 months in order for decisions to be made and implemented before the general election. Members agreed that they should continue to monitor the process and timetable. closely.

The Group decided that the Chairman should write to the Foreign Secretary about this and other concerns such as the need to engage Mauritius in a diplomatic dialogue concerning the future management of the Islands and of the MPA.. As Lord Luce had said in the debate ” it is essential that they (Mauritius) are regarded as a vital player in any Chagossian solution”. Members agreed with Lord Avebury’s suggestion, made in the Lords debate, that to help break the ice the new BIOT Science Adviser, along with members of the BIOT Science Advisory Group, should have meetings with their Mauritian counterparts to discuss a joint approach to the science of Chagos, sharing data and current research. The Group decided to invite the Mauritian High Commissioner to a meeting.

Members were keen to take up the Foreign Secretary’s offer of a further meeting which he had made at the last meeting with the Group on 15 December 2011.

The Group also discussed legal developments.They took note that permission had been granted by the High Court for an appeal against the judicial review of the MPA to be heard on 31 March on the three grounds of improper motive, fishing rights and EU law. Members were interested to learn that, with respect to the ruling of the Law Lords in Oct 2008, lawyers had recently written to the Treasury Solicitor alleging a miscarriage of justice, on the grounds that the flawed feasibility study and the way it had been influenced, was a key factor on which the majority judgment had been based. The letter invited the Foreign Secretary to set aside that judgment and restore the right of return,

The next meeting of the Group is on 5 February 2014.