While governments increasingly assume that, once elected, they can do absolutely anything they like, it is good to know that the bastion of the law is still there to protect us little people against them. It can take a while, though.
The Chagos Islanders have been fighting the British government through the courts for decades, and they have just won another victory. It remains unclear whether this will do them any good, as they have had their rights upheld by the courts before, only for the government to ignore the ruling.
You may not recognise the name of the Chagos Islands, but you will probably recognise the name Diego Garcia. It's the American airbase in the Indian Ocean, leased from the UK in extremely murky circumstances in 1966, and it is one of the Chagos Islands, the main one. In order to effect the lease, the Wilson government had to separate the Chagos Islands from Mauritius, of which they were until then a part - else they would have had to be given up when Mauritius got its independence in 1968. That meant a whole new colony of "British Indian Ocean Territory" came into being, in direct contravention of UN Declaration 1514 (1960), and also of Resolution 2066 of 1965 which specifically prohibited the dismemberment of Mauritius.
The islanders were then summarily and forcibly removed, without warning or consultation, and dumped on Mauritius. The British government simply pretended there had never been any Chagossians, or that if there had they were just passing through. They were abandoned on an already overcrowded island with high unemployment, where they did not speak the local language. Most were poorly educated, and few got jobs.
In 1973 (6 years later) the British government came up with £650,000 'aid' for the 2000 Chagossians, and in 1982 another £4 million - but that was on condition that the Chagossians accepted it as a full and final settlement and signed away their rights ever to return to their homeland. That seems to have been the trigger that started the fightback, as in 1983 the Chagos Refugee Group was formed and started legal proceedings.
In November 2000 they got their first victory when the High Court ruled that the expulsion of the islanders had been illegal. There was still the matter of the US airbase though, and the US and UK each maintained that the return of the Chagossians was the other's responsibility. A Foreign Office study concluded that their return would be "difficult, precarious and costly", but a resettlement expert called the conclusions "erroneous in every assertion". The government then proceeded to pull a seriously fast one: an Order in Council banning anyone from setting foot in the Chagos Islands. This was promulgated without any prior warning on local election day, 2004 - a good day to bury bad news.
The Order in Council was overturned by the High Court in May 2006, but the government did noy give up - they appealed. Yesterday the Appeal Court ruled once again in the islanders' favour.
The Foreign Secretary will now decide whether to take the case to the House of Lords. Margaret Beckett is one of the more sensible members of the Blair Cabinet, so there is some hope that she will not. This thoroughly unsavoury bullying of an innocent and defenceless people has gone on far too long and brought huge discredit on the UK. It is high time for the government to admit that it has been wrong for 40 years and apologise to the Chagossians for the appalling treatment they have had. This country used to pride itself on its fairness. Fairness? What a joke.
For the UK Chagos Support Association's website click here.
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