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London Descendants of slaves transported to pick coconuts on a tropical plantation asked the House of Lords yesterday for the right to return to their homeland.
The 2,000-strong population of the Chagos Islands was forcibly removed by Britain in the late 1960s and early 1970s to make way for the US military to establish an air base on the largest island, Diego Garcia. Islanders were exiled 1,000 miles to Mauritius and the Seychelles.
The law lords were asked by counsel for David Miliband, the Foreign Secretary, to consider that the islanders own no land there and that America needed the archipelago uninhabited to protect an air base that has become more vital then ever because of the conflicts in Afghanistan and Iraq.
Jonathan Crow, QC, for the Foreign Secretary, reminded the law lords that Britain had paid compensation totalling £14.5 million over the years to recompense for the clearances.
The High Court and Court of Appeal have previously found for the Chagossians’ right to return but Mr Miliband decided to take the case to the law lords.
In 2004 the Government issued “Orders in Council”, declaring that no person had the right of abode in the territory. Orders in Council are a way for ministers to exercise the Royal Prerogative, derived from medieval times. The manoeuvre had the effect of bypassing the Commons, peers and, ministers believed, the judges. The Government argues that the Colonial Laws Validity Act 1865 prevented the courts from intervening. The hearing continues.
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Wouldn't the world be more secure if the Americans were kicked out of Diego Garcia? The further away they are from the Middle East the less likely they are to stir up trouble.
Oliver Chettle, Bedford,
No compensatin whatsoever was paid to the Chagos islanders in exile for nearly ten years. They were left to sicken and starve in an insanitary slum in Mauritius. The Foreign Office was well aware of their plight but no help was given, What was given was too little and too late.
Margaret Brown, York, North Yorkshire
Why, Stephen?
The test there will check for adequate compensation, which has been paid.
Leon Wolfeson, Oxford, UK
It's amusing that Britain is re-running this case until it wins at the same moment it's pillorying Mugabe for re-running elections until he wins.
Pat, San Jose, US
The government will lose this case if and when it goes to the European Court of Human Rights.
Stephen, St. Ives, England