APPG

Chagos Islands All-Party Parliamentary Group Meeting: Coordinator’s Summary

Posted in APPG on July 31st, 2015 by Warren Paull – Be the first to comment

APPGcPlease find below the Coordinator’s Summary of the 50th meeting of the Chagos Islands All-Party Parliamentary Group, which took place 15th July.

An accompanying statement was released to mark the 50th meeting of the group and reflect on developments during the group’s seven years of existence. UK Chagos Support Association would like to record our gratitude to all members of the group for their tireless efforts over the years, and thanks is as ever also due to voluntary group Coordinator David Snoxell for the below summary.

 

Coordinator’s Meeting Summary

 

The Chagos Islands (BIOT) All-Party Parliamentary Group held its 50th meeting on 15 July. Two new members, Paul Monaghan MP (SNP) and Martyn Day MP (SNP) were welcomed. Alan Brown MP (SNP) was elected Secretary.

Members discussed the Answers to PQs and Questions since the last meeting on 3 June. They noted the letter from 16 members of the Group published in The Times on 10 June concerning Magna Carta and the exile of the Chagossians, urging the new Government to honour the 2014 feasibility study which found that there were no climatic or legal reasons why resettlement should not be achieved. There was no news on the further work on costs, liabilities and likely demand for resettlement being coordinated by the FCO. Members were concerned about the length of time this was taking, given that the KPMG study, commissioned in 2013, had been published on 12 February 2015, that the Government had not set a deadline for completion of the additional work and that there was only a week left to the parliamentary recess. The Group felt strongly that Parliament should be consulted about the outcome of this work before decisions on resettlement were taken.
The Group discussed the lack of progress in the implementation of the 18 March UNCLOS Tribunal Award. They understood that following the Award FCO Ministers had written to the Mauritian Government to propose discussions on the marine conservation of BIOT but since the Tribunal had found the proclamation of the MPA to be in breach of the UN Convention on the Law of the Sea and that Mauritius had legally binding rights to fish in Chagos waters, to the eventual return of the Archipelago and to the benefit of any minerals or oil discovered, members were not surprised that Mauritius had not responded. Clearly Mauritius would expect to discuss the entire Award with the UK, as directed by the Tribunal. Members hoped that the FCO would be charged with taking forward these discussions as soon as possible.
The Supreme Court hearing on 22 June of an application for a review of the 2008 House of Lords majority verdict, which ruled that the 2004 Orders in Council, depriving Chagossians of their right of abode were lawful, was discussed. The Group noted that a judgment was possible before the Court’s summer recess and hoped that it would be in favour of the Chagossians.
As this was the 50th meeting of the Group since it was established in December 2008, Members considered what progress had been made towards bringing about a resolution of the issues concerning the future of the Chagossians and of the Chagos Islands. They felt that six and a half years was a long time to get to the current position but that some progress had been made, not least with the commissioning of the KPMG study and the application to the Supreme Court. They decided to issue the attached statement.
The next meeting of the Group will be on 14 October.

All-Party Parliamentary Group on Chagos Islands Release Statement on 50th Meeting

Posted in APPG, FCO, Feasability Study, Mauritius, resettlement, Return on July 31st, 2015 by Warren Paull – Be the first to comment

The All-Party Parliamentary Group on the Chagos Islands has marked their 50th meeting by releasing a statement reflecting on their work thus far and the challenges to come.

The group, founded by Labour Leadership candidate Jeremy Corbyn and Liberal Democrat peer Lord Avebury, has worked since 2008 to finally resolve the injustices suffered by Chagossians. All-Party Parliamentary Groups are collections of MPs and peers from across party lines who come together to work on a specific issue.

In the statement, available in full below, the Group reflect that although progress has been slow, there have been significant developments. Looking to the future, the Group noted that the “further work” on the cost of and demand for Chagossian return promised by the Foreign Office was expected to take place over the summer.

A caution was though also issued to the Government, as the group warned that important decisions should not be taken in the summer recess as it is vital that Parliament is consulted on this issue.

 

Statement by the Chagos Islands (BIOT) All-Party Parliamentary Group, 15 July 2015

APPGcThe Group held its fiftieth meeting on 15 July. Its first meeting had been on 16 December 2008. Members decided to mark the occasion by issuing a statement on the progress made, since the first meeting, towards bringing about a resolution of the issues concerning the future of the Chagossians and of the Chagos Islands.

The Group was formed in response to the House of Lords 3:2 majority verdict of October 2008 which ruled that the 2004 Orders in Council that had deprived the Chagossians of their right of abode were lawful. The Group was pleased to note that on 22 June the Supreme Court considered an application to set aside that judgment on the grounds that it was based on a false premise and a flawed resettlement study in 2002. Judgment is expected soon.

Members reflected on the last six and a half years and the progress that had been made in three Parliaments towards restoring justice and the right of return and abode. There had been numerous Questions, interventions, debates and Early Day Motions in both Houses. At its second meeting in January 2009 the Group agreed objectives which included “A truly independent study of the practicalities of resettlement which was transparent and drawn up in consultation with the Chagossians and other interested parties”. This had been achieved.

Members were pleased that the Coalition Government had agreed to a new feasibility study in 2013 which was completed by KPMG in 2014 and published in February 2015. That study had shown there to be no legal or environmental reasons why resettlement should not be achieved. The Group looked forward to the implementation of the study following the further work on costs and take-up commissioned by the FCO. They expected this to be decided by the autumn. Members were concerned that decisions should not be taken during the summer recess and that Parliament should be consulted.

Another of the 2009 objective was “Discussions with Mauritius on the future sovereignty of the Outer Islands so that this question is resolved before 2016 when the UK/US fifty year agreement comes up for renewal”. Members hoped that following the Award to Mauritius by the UNCLOS Arbitral Tribunal in March, and bearing in mind the judgments of two of the five judges supporting the Mauritian case on sovereignty, the FCO would be charged with taking forward these discussions as soon as possible.

A third objective was “Re-negotiation of the Agreement with the US to reflect the right of the Chagossians to live on the Outer Islands and any changes to the sovereignty of those Islands”. While noting that resettlement on Diego Garcia, as recommended by KPMG, now seemed the best option, Members expected these issues to be part of the negotiations leading to the renewal of the Agreement in December 2016.

The Group noted that its final objective had been “HMG to apologise for the fundamental breach of human rights that the Chagossian people have suffered over four decades and to offer reparations”.

Parliamentary Questions on Chagossian Return

Posted in APPG, Campaign, FCO, Parliament, Return, Return 2015 on June 26th, 2015 by Stefan Francis Donnelly – Be the first to comment

parliamentSeveral highly interesting Parliamentary written question relating to Chagossian return have been asked in the last few days (printed in full below). Much credit is due to the all-too-few politicians in Westminster who turn their interest to the Chagossian cause.

Patrick Grady, International Development Spokesperson for SNP, submitted a range of questions including one asking for a timeline to be set out for the Government’s decision on supporting Chagossian return to their homeland.

Mr Grady also questioned what discussions concerning Chagossian return had taken place with the Department of International Development and other relevant bodies. Prior to the election the Government indicated such conservations would take place as they claimed not to be satisfied that the independent KPMG study into return offered sufficient “certainty.”

UKIP’s sole MP Douglas Carswell also submitted a question relating to the Chagos Islands, questioning whether the terms of the agreement which allows the US to use Diego Garcia as a military base would be altered during the current two year window of renegotiation. If no new terms are agreed by 2016, the deal will continue to allow the US to use military facilities on Diego Garcia until 2036. With the All-Party Parliamentary Group, we would argue that if the UK chooses to maintain the base, mutual support for Chagossian return must be a fundamental condition.

What do the questions and their answers tell us?

Patrick Grady, the SNP International Development Spokesperson who submitted written questions on Chagossian return this week

Patrick Grady, the SNP International Development Spokesperson who submitted written questions on Chagossian return this week

A timeline is certainly not revealed in the answer to Mr Grady’s question. Rather the Government states “we will explain our conclusions to interested parties in due course.” Perhaps not much can be read into such an answer but we would certainly suggest there should be a Parliamentary debate on the issue before any “explanation” is delivered to vaguely defined “interested parties,” which one would hope would mean simply “Chagossians.”

On the question of what “discussions” had taken place around the topic of Chagossian resettlement, the relevant Minister James Duddridge states that “Home Office, Department for Work and Pensions and the US Government” officials have been consulted as part of the process. This is in addition to previous consultations with the “Foreign and Commonwealth Office, Department for International Development and the Ministry of Defence.”

This is more or less to be expected but it is reassuring the issue of pensions and welfare is being considered as formalising the status of Chagossian pensioners, often the most keen to return as soon as possible, would be crucial to any return to the islands.

A final question question querying the UK’s response the an international tribunal’s decision that the UK had breached international law in establishing the Chagos Islands Marine Protected Area in 2010 was also submitted by SNP Spokesperson. The response states the UK is willing to engage with Mauritius, who’s Government brought the case, and has written to the Mauritian Government.

It also emphasises that the court found “no improper motive” in the establishment of the Marine Protected Area (MPA). This is a highly questionable claim since the judgement in fact stated that “political concerns” were the chief reason for the timing of the MPA’s creation.

What do the parties say about the Chagossian fight for justice?

 

UKIP's only MP Douglas Carswell also submitted a question relating to Diego Garcia this week

UKIP’s only MP Douglas Carswell also submitted a question relating to Diego Garcia this week

Since their conference earlier this year, the SNP have been formally committed to supporting the Chagossian people’s right to return home.

Foreign Affairs Spokesperson Alex Salmond has spoken passionately about the injustices suffered by the Chagossian people whilst two SNP MPs, Paul Monaghan and Alan Brown, have joined the Chagos Islands All-Party Parliamentary Group.

UKIP has not expressed a formal policy position on Chagossian return. Some senior figures are though reportedly sympathetic.

 

The Questions in Full

 

UKIP’s Douglas Carswell on US-UK deal over Diego Garcia

 

British Indian Ocean Territory: Military Bases
Foreign and Commonwealth Office
Written Answers
23 Jun 2015
Douglas Carswell UKIP, Clacton

To ask the Secretary of State for Foreign and Commonwealth Affairs, what plans his Department has to revise the terms of the 1966 Exchange of Notes concerning the Availability for Defence Purposes of the British Indian Ocean Territory.

James Duddridge The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

The British Indian Ocean Territory remains a vital strategic asset for the UK and the US, and a key contributor to our broader bilateral defence relationship. We have consistently said that we want to see the US presence there continue. No decision has yet been made about whether to seek to revise the terms of the Exchange of Notes, but we will have in mind this continuing, shared strategic interest.

 

 

SNP’s Patrick Grady on return timetable, ongoing work relating to return and Chagos Marine Protected area

Patrick Grady Shadow SNP Spokesperson (International Development)To ask the Secretary of State for Foreign and Commonwealth Affairs, what steps the Government is taking to comply with the award of the Arbitral Tribunal in the case of Chagos Marine Protected Area Arbitration (Mauritius v. UK) dated 18 March 2015.James Duddridge The Parliamentary Under-Secretary of State for Foreign and Commonwealth AffairsThe Arbitral Tribunal agreed with us that it had no jurisdiction to consider sovereignty, and found that there was no improper motive in the creation of the Marine Protected Area (MPA) around the British Indian Ocean Territory (BIOT). In respect of the Tribunal’s findings about the process of establishing the MPA, it noted that it is now open to the UK and Mauritius to enter into negotiations to take account of Mauritian interests in the marine environment of the Territory.The Government wishes to implement the award in the spirit of greatest possible cooperation, and has written to the Mauritian government several times since the award, making a proposal to hold consultations about the protection of the marine environment as early as July………………………….………………………..

British Indian Ocean Territory: Resettlement

Patrick Grady Shadow SNP Spokesperson (International Development)

To ask the Secretary of State for Foreign and Commonwealth Affairs, what discussions he has had with (a) the Department for International Development and (b) other relevant bodies to facilitate Chagossian resettlement on the Chagos Islands in 2015.

James Duddridge The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

Following consideration of this issue in the last Parliament, officials from the Foreign and Commonwealth Office, Department for International Development and the Ministry of Defence are working jointly to clarify the areas requiring further analysis announced in my Written Ministerial Statement of 24 March 2015 (HCWS461).

To aid this further analysis, the Foreign and Commonwealth Office has also sought information from the Home Office, Department for Work and Pensions and the US Government on relevant issues and on essential practical requirements associated with options to resettle a Chagossian population as well as continuing discussions with other interested parties including Parliamentarians and Chagossian representatives. This work is ongoing, and we will explain our conclusions to interested parties in due course.

…………………………………………………..

British Indian Ocean Territory: Resettlement
Patrick Grady Shadow SNP Spokesperson (International Development)

To ask the Secretary of State for Foreign and Commonwealth Affairs, when the Government plans to make an announcement on allowing Chagossian resettlement on the Chagos Islands.

James Duddridge The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

Following consideration of this issue in the last Parliament, officials from the Foreign and Commonwealth Office, Department for International Development and the Ministry of Defence are working jointly to clarify the areas requiring further analysis announced in my Written Ministerial Statement of 24 March 2015 (HCWS461). To aid this further analysis, the Foreign and Commonwealth Office has also sought information from the Home Office, Department for Work and Pensions and the US Government on relevant issues and on essential practical requirements associated with options to resettle a Chagossian population as well as continuing discussions with other interested parties including Parliamentarians and Chagossian representatives. This work is ongoing, and we will explain our conclusions to interested parties in due course.

"No man shall be exiled" Chagossians & Magna Carta

Posted in APPG, Campaign, Exile, Feasability Study, Jeremy Corbyn, Letusreturn, Magna Carta, Parliament, Return, Return 2015 on June 15th, 2015 by Stefan Francis Donnelly – Be the first to comment
This letter, published in The Times, was signed by all current members of the Chagos Islands All-Party Parliamentary Group signed by all current members of the Chagos Islands All-Party Parliamentary Group

This letter, published in The Times, was signed by all current members of the Chagos Islands All-Party Parliamentary Group signed by all current members of the Chagos Islands All-Party Parliamentary Group

“No man shall be exiled except by the lawful judgement of his equals or the law.”

On the 800th anniversary of the signing of the Magna Carta, some clauses in the document are particularly poignant when considering the heartless deportation of the Chagossian people just over 40 years ago. Chagossians’ expulsion from their homeland never went through Parliament nor did it go before a jury. Rather the Government used Royal Prerogative to force Chagossians from their homes; precisely the sort of unchecked power the Magna Carta is intended to prevent. Such measures were used again in 2004 to effectively nullify a High Court decision to permit return.

The Magna Carta is celebrated as laying the foundation for the most basic human rights. Celebrations, however, must be tempered by the fact that 800 years after the document was signed in Runnymede, Chagossians -British citizens- do not enjoy its protections.

Labour leadership contender Jeremy Corbyn was amongst the members of the All-Party Parliamentary Group on the Chagos Islands which wrote a letter to this effect in The Times several days ago. A copy of the letter can be downloaded here or viewed above.

There is no legal or climatic reason why the Chagos Islanders should not return home – so why won't the UK Government act?

Posted in APPG, Exile, Feasability Study, Jeremy Corbyn, Lord Prescott, Mauritius, resettlement, Seychelles, Uncategorized on June 11th, 2015 by Mark Fitzsimons – Be the first to comment

parliamentThis was the title of a letter from the British Indian Ocean Territories All Party Parliamentary Group published in the Times on 9th June 2015. A copy of the letter can be downloaded here or viewed below.

 

 

 

This letter was signed by all current members of the Chagos Islands All-Party Parliamentary Group

This letter was signed by all current members of the Chagos Islands All-Party Parliamentary Group

Jermey Corbyn Interview on UK's "disgraceful" treatment of Chagossians

Posted in APPG, coverage, Jeremy Corbyn, Labour on June 4th, 2015 by Stefan Francis Donnelly – Be the first to comment

Just before the election we completed an in-depth interview with Jeremy Corbyn MP, the Chair of the Chagos Islands All-Party Parliamentary Group since its creation in 2008.  Jeremy has long been been a strident campaigner for the rights of the Chagossian people.

Jeremy Corbyn on “lies and deception” that surrounded Chagossian expulsion from their homeland

“Deportation forced Chagossians into a marginalised existence”

 

We’ve a full 20 minute plus interview to come with the Labour leadership candidate but in the meantime enjoy these further taster clips

 

Jeremy Corbyn on his hopes for the future

“For me what’s really important is that right to go back”

 

On working with Chagossians in the fight for justice over the last decade

You feel, at last the British Establishment, for all its arrogance will finally have to face up to what it did to these people who it thought were expendable. All the racist comments, branding them “Man Fridays,” all these things eventually come home to roost.

 

On Government claims Chagossians received “generous compensation”

You take away someone’s right to live and way of living, you can’t just ‘buy it out’ of them”

The 2015 Election: What impact for Chagossians?

Posted in APPG, Conservative, Election 2015, Labour, Parliament, SDLP, SNP on May 17th, 2015 by Stefan Francis Donnelly – Be the first to comment

electionWhat does the election mean for the Chagossian fight for justice?

In the many hours of media reaction to the recent UK election, this is probably not a question you have heard answered, or even asked.

The fight for Chagossian justice is of course beyond narrow party politics. It is a simple question of right and wrong which any Parliamentarian from UKIP to Green, DUP to Plaid Cymru, should be able to see requires immediate resolution. Remember to write to your newly elected or re-elected MP asking them to do so.

UK Chagos Support Association does not have any party political allegiance. We will work with anyone to finally see justice done and a stain on the nation’s character removed.

With a decision on return due in the near future, however, it is important who is Parliament to fight for justice, and indeed who will be making the decisions. So let’s see how things are shaping up.

Returned Foreign Secretary Philip Hammond

Returned Foreign Secretary Philip Hammond

Foreign Office Ministers

There haven’t been many changes in the Foreign Office, which will make a final decision on whether to support Chagossian return. Even prior to the election, the Foreign Office was entirely populated by Conservative Party Ministers.

Foreign Secretary Philip Hammond remains in his post, as does the Junior Minister with responsibility for Overseas Territories (including the Chagos Islands) James Duddridge MP. Hugo Swire MP, who has also dealt with Chagos related issues in Parliament, also retains his role in the Foreign Office.

With no changes in personnel, there can be no excuse for any delay on delivering a positive decision on return in the very near future.

The currently annouced candidates for the Labour leadership in their first hustings

The currently annouced candidates for the Labour leadership in their first hustings

Shadow Foreign Office Ministers

With the Labour Party about to conduct a leadership election, their Shadow Cabinet is subject to change in the immediate future.

Previous Shadow Foreign Secretary Douglas Alexander lost his seat at the election. Under Acting Party Leader Harriet Harman, Mr Alexander has been replaced by Hiliary Benn. Mr Benn has made no public comment on the Chagossian situation that we are aware of, although as a former Department for International Development Minister he has extensive experience supporting projects in Overseas Territories.

It is also worth remembering Ms Harman, in a letter to one of our supporters shortly prior to the election, struck a positive note about the potential to resolve the decades of injustice suffered by Chagossians. We hope she can use her time as head of Her Majesty’s Opposition to ensure the UK finally lives up to its legal and moral obligations to the Chagossian people. Labour Party supporters might even consider asking the various candidates what they would do to deliver justice.

SNP Annual ConferenceOther Parties and the Chagossian Cause

One of the big stories of the election was the rise of the Scottish National Party (SNP), with the party gaining almost 50 seats and becoming the third largest party in Parliament. At their last conference, the SNP pledged to act to support Chagossian return, so we are look forward to working with them to make this a reality.

The new SNP spokesperson on Foreign Affairs, high-profile former leader Alex Salmond, has spoken eloquently in Parliament previously about the injustices suffered across decades by Chagossians. We certainly hope in this new role he can finally give the Chagossian cause the national attention it deserves.

The other parties which have formally offered support to the Chagossian cause-the Green Party and the Social Democratic Labour Party (SDLP) have retained their MPs (one and three respectively).

portThe All-Party Parliamentary Group on the Chagos Islands

Thankfully the Chagossian cause has supporters across all political parties in Westminster. Since 2008 some of the most strident advocates for justice have worked in the All-Party Parliamentary Group on the Chagos Islands.

Most members of the Group retained their seats in the election. Liberal Democrat Andrew George, the group’s Treasurer and Secretary, was not however returned to Parliament. Nor was former Labour MP Mark Lazarowicz who was a member of the group. We thank both for their years of support for the Chagossian cause.

The APPG is likely to formally meet for the first time in early June. If any MPs are interested in joining they can contact voluntary Group Coordinator David Snoxell at drsnoxell@gmail.com.

On any other issues MPs are welcome to contact ourselves for further information on how they can help make history in the next Parliament by delivering Chagossian justice.

House of Commons Library Briefing on the Chagos Islands

Posted in APPG, Feasability Study, House of Commons Library, Letusreturn, MPA, Parliament, resettlement, Return, Return 2015 on May 14th, 2015 by Stefan Francis Donnelly – Be the first to comment

hoclThe House of Commons Library, an independent research body based in Parliament which aims to provide unbaised information to MPs and peers, has published an updated briefing on policy issues affecting the Chagos Islands. The briefing covers the period since the publication of the previous Houses of Commons Library Report on the Chagos Islands in mid-2013.

Following the delay of the decision on supporting return, promised by the Government prior to the election, the current Parliament will now take the decision on whether to support Chagossian return to their homeland. Ensuring MPs have accurate information about the situation is then vital and Parliamentarians are likely to consult this document. We will of course also be briefing MPs about how they can deliver Chagossian justice.

The document covers a range of issues including the feasibility report and decision on return, the international legal action on the Chagos Islands Marine Protected Area and the sovereignty dispute with Mauritius. It is well worth a read but you can find some of the key quotes from it below.

 

On Return and the recent KPMG feasibility study:

The report notes it is “significant” that Diego Garcia was included in the study as it had previously been “believed that the US would not want the island, where it has a military base, included.” It is worth noting the US has not expressed this desire and has always maintained the issue was a matter for the UK, which retains sovereignty over the Chagos Islands. In any case with the conditions of the UK-US agreement on the use of Diego Garcia being re-negotiated, it is incumbent upon the UK to insist that support for Chagossian return is a fundamental condition of any renewed agreement to allow continued US military presence.

“Because of its position on sovereignty, the Mauritian Government declined to engage with the new feasibility study on resettlement, although it supports the Chagossians on the issue.”

The Government claim that “was not a clear indication of likely demand for resettlement, and costs and liabilities to the UK taxpayer” are referenced, as our Chair’s critique of this decision. 

The All-Party Parliamentary Group on the Chagos Islands’ proposal of a small-scale “pilot return” which could be begin in 2016 is also noted.

“But it is possible that the incoming UK Government will ultimately reject all the resettlement options put forward in the KPMG study.” This could, but need not, mean denying support for return. The KPMG study focused on three fairly arbitrary resettlement models. Return could also be feasible following a range of other models.

On the Permanent Court of Arbitration’s Verdict on the Chagos Islands Marine Protected Area

“an Arbitral Tribunal under the UN Convention on the Law of the Sea unanimously ruled that the Marine Protected Area (MPA) declared by the UK [around the Chagos Islands in 2010] is not compatible with obligations under the Convention to give proper regard to the rights of Mauritius and is therefore not lawful. The unanimous ruling was issued on 18 March. It is final and binding.”

 

“There is evidence that, when it was established, FCO officials saw the MPA as a means of preventing Chagossian resettlement. To date, there has been no official British response to the Arbitral Tribunal’s ruling.” Perhaps it does not qualify as an ‘offical response’ but a Foreign Office Spokesperson did respond to the judgement speaking to a Guardian journalist. In fact the spokesperson, rather baselessly, claimed the judgement proved there was ‘no improper motive’ for establishing the MPA so it is good to have independent acknowledgement this was not what the judgement stated.

On Sovereignty

“It has been argued in the past that, even if sovereignty over the entire BIOT is unlikely to be on the agenda in the near to medium-term, there may be more room for flexibility on the outer islands, which are not required for defence purposes. But the previous UK Government gave no indication that it might be thinking along those lines.”

 

On the future of US military facilities on Diego Garcia

“Under the 1966 Exchange of Notes between the UK and the US, a decision on whether to extend the arrangement for a further 20 years must be made by 31 December 2016.”

“The All Party Parliamentary Group on the Chagos Islands 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 [Chagossian] resettlement.”

 

On upcoming legal action

“Chagossians living in both Mauritius and the UK have also been seeking to challenge the establishment of the MPA. The original ground was that the public consultation process was flawed because it failed to acknowledge that resettlement was feasible. An additional ground was that the consultation failed to mention Mauritian or Chagossian fishing rights.”

“Finally, an application to the Supreme Court to set aside the 2008 House of Lords verdict – which ruled 3:2 that the use of Orders in Council in 2004 to prevent the Chagossians from returning was lawful ….was made in January 2015. The grounds for the application are that the 2008 judgment was partly based on the 2002 feasibility study, which has now been shown to be flawed, and that documents which demonstrated this were not disclosed…. The Supreme Court is expected to consider both applications by the end of June 2015.” Now scheduled for 22nd June

Chagos: An overall settlement closer than ever

Posted in APPG, FCO, Feasability Study, ITLOS, Legal, Mauritius, MPA, resettlement, UN, USA on March 26th, 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, 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

portThe 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. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 7: The APPG will be re-established after the election and continue to promote its aim of an overall settlement of the issues.