42nd Meeting of the Chagos Islands (BIOT) All-Party Parliamentary Group – Co-ordinator’s Summary

Photo: Gail Johnson

The Chagos Islands (BIOT) All-Party Parliamentary Group held its postponed 42nd meeting on 4 June. The Group sent their best wishes to Lord Avebury for a speedy recovery.

The Group considered the Parliamentary Questions and Answers, tabled since the last meeting, by Lord Avebury and Andrew Rosindell concerning the latest scientific evidence on sea levels (“Contemporary sea level in the Chagos Archipelago, Central Indian Ocean” published in Global and Planetary Change, 2012, volumes 82-83, pages 25-37), on the applicability of FOI and EIRs to BIOT and on the Feasibility Study. They also took note of the Chairman’s intervention on BIOT in the Overseas Territories (Sustainability) debate on 8 May and his follow-up letter to the Minister concerned.

Members discussed the progress of the feasibility study as described in KPMG’s April Report and the preparations for the consultation with the Chagossians this month. They were concerned that Chagossians should be properly assisted in these consultations and were pleased to note the help already provided by Richard Dunne. They paid tribute to Mr Dunne for all the legal and scientific work he had done over the last 4 years on behalf of the Chagossians and conservation. While noting that the study seemed to be moving ahead with momentum in an open and transparent way the Group reiterated their wish to have the report by January in order for it to be considered and debated by Parliament before Ministers made decisions. They looked forward to discussions with Mark Simmonds, the FCO Minster responsible, at their next meeting on 15 July. The last such discussions were with the Foreign Secretary in December 2011.

The Group was updated on the Court of Appeal judgment (23 May) which had upheld the judgment of the High Court except in regard to the admissibility of the wikileak evidence which the Court did not find was in conflict with the Vienna Convention on Diplomatic Relations. An appeal to the Supreme Court was under consideration. Members were also informed that the Mauritian case at an international Arbitral Tribunal in Istanbul (22 April-6 May) would not announce its findings until later this year. They took note that the judgment of the First Tier Tribunal (Information Rights) of a case concerning the applicability of FOI/EIRs to BIOT would not be available for several weeks.The Group asked what the cost to the tax payer of this continuing litigation was. There was also the possibility that the Law Lords 2008 judgment could be referred to the Supreme Court because of an alleged miscarriage of justice.

The Group considered a letter which Olivier Bancoult had received from the Chief Executive of the Passport Office concerning eligibility for British citizenship. They were pleased to note that the Passport Office accepted that there had been an error over Jean Hilare’s passport which should have been granted for ten not five years, and that this would be rectified.

A letter from Prof Charles Sheppard, Chairman of CCT, to members was discussed. They were pleased to note that the official position of CCT was now “strictly neutral” on the issue of resettlement. They hoped that CCT’s excellent conservation work would no longer be seen as in conflict with the aspiration of all Chagossians to return to the Islands for residence or visits.

It was noted that the tenth anniversary of the Orders in Council, banning the Chagossians from returning to their homeland, was on 10 June. The Group hoped that the result of the Feasibility Study would be the withdrawal of those Orders which had led to so much distress, litigation and cost.

The next meeting and sixth AGM will be on 15 July 2014.

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