Ishbel Matheson
Pick up your copy of Joy Division: Closer at WHSmith today
Olivier Bancoult was four years old when, holding his mother’s hand tightly, he stepped aboard a boat taking them from their island home across the Indian Ocean to Mauritius.
It was supposed to be a short visit, but as it turned out more than three decades passed before Mr Bancoult set foot again on the island of Peros Banhos in the remote Chagos archipelago.
When the family tried to sail back they fell foul of a new immigration rule, introduced by the British colonial authorities: all Chagossians who left the islands were not allowed to return. But the trick was this: islanders were not told of this rule until after they departed from the archipelago.
This was just one of the deplorable tactics used by the UK Government, as it cleared the entire Chagos archipelago between 1968 and 1973. The 2,000 islanders were mostly dumped in the slums of Mauritius, while a top-secret US military base was built on the biggest of the islands, Diego Garcia.
In a recent letter to The Times a former High Commissioner of Mauritius, David Snoxell, described the purge of the Chagos Islands as “one of the worst violations of fundamental human rights perpetrated by the UK in the 20th century”. But perhaps just as shocking is the way in which the present Labour Government — one that readily (and rightly) condemns land dispossession by African governments in Darfur or Zimbabwe — is fighting tooth and nail to deny the Chagos Islanders the right to return to their homeland.
On the face of it, it is puzzling too. When the Chagossians — led by the tenacious Mr Bancoult — won the right to return to the islands in the British courts in 2000, the Foreign Office, under Robin Cook, initially said it would abide by the court decision.
The islanders were to be allowed back to the outer islands, while still preserving Diego Garcia as a secure US military base. Mr Bancoult and his mother managed a brief, emotional visit to his birthplace. It was, he says, “a pilgrimage”.
Yet, in 2004, ministers using executive powers overturned the court decision. An order was issued banning the Chagossians’ return — and with a nasty sting in the tail it threatened anyone going to the islands illicitly with up to three years in jail.
Such scandalous, high-handed behaviour not only stinks but, as the High Court ruled last year, it is illegal. Undeterred, the Government has fought on and after two weeks of hearings the Court of Appeal is now considering its judgment.
What has proved difficult to figure out through the costly legal process — already up to £2 million of taxpayers’ money — is what the Government has to gain by it.
Certainly, evidence was heard that post-9/11 Diego Garcia assumed new importance in the global War on Terror, with the US Government insisting in a letter to the court that resettlement of the archipelago would have a “deleterious impact on our military operations”.
But the nearest of the other islands to Diego Garcia is more than 100 miles away and so hardly constitutes an immediate security threat. And anyway, why should we take the Americans’ word for the risks involved? Tellingly, no one from the Ministry of Defence had the guts to put pen to paper and construct a convincing argument for the national interest being at stake.
In fact, the real reason for this tawdry affair is nothing as important as our defence interests. It about power — and in particular the misuse of ministerial power through the outdated and undemocratic exercise of the sovereign prerogative. In 1994 an Opposition Labour MP condemned the use of the royal prerogative as “a smoke screen by ministers to obfuscate the use of power for which they are insufficiently accountable”.
Ten years later Jack Straw was a convert. It was under his watch at the Foreign Office that these antiquated powers were dusted off to deny the Chagossians their right to return home.
The invidious nature of the Government's position was plain in the Court of Appeal hearing. There was an uncomfortable moment when, on behalf of the Foreign Office, John Howell QC argued that none of those who currently live in British overseas territories has a right of abode which “cannot be removed by Her Majesty”.
That will come as a shock to all the citizens of the Falkland Islands, Gibraltar, Bermuda and any of the other 11 territories under British sovereignty. With the flourish of a ministerial pen, the busybodies in London may yet evict the lot of you!
It is also a sad commentary that the Blair Government, which introduced the Human Rights Act, one of the most far-reaching legal reforms of modern times, and came to office advocating an ethical foreign policy, is the same Government that is now behaving in a way akin to the worst authoritarian tradition of colonial days.
But Robin Cook's undertaking to the Chagossians in 2000 may yet curb the Government's ambitions to keep power at any cost. The former Foreign Secretary has hovered like Banquo’s bloody ghost over the entire proceedings — because it was his unequivocal acceptance of the islanders’ rights that has made it so hard for ministers to wriggle out of their responsibilities.
After he resigned from the front bench as Leader of the Commons over the impending Iraq conflict, Mr Cook fought the exploitation of the same overweening executive powers that were taking the country to war without a parliamentary vote. As the epitaph on Mr Cook's gravestone says: “I may not have succeeded in halting the war, but I did secure the right of Parliament to decide on war.”
If the islanders win their case for the third time in the UK courts a fitting addition might be: “Even from beyond the grave, I helped a dispossessed people to secure their right to return home.”
Explore your passion for food with the delights of Thai, Indian & Chinese cooking
In our new series, Tony Hawks takes a dry, wry look at modern life - junk mail, interminable meetings and snooty sales assistants
Read the training tips and advice that helped our London Triathletes
Read our exclusive 100 Years of Fleming and Bond interactive timeline, packed with original Times articles and reviews
The latest travel news plus the best hotels and gadgets for business travellers
Shortcuts to help you find sections and articles
2007
£30,000
2006
£14,337
2008
£39,937
Great car insurance deals online
c.£75,000
GlosFirstmeansbusiness
Gloucestershire
Competitive package
Npower
Midlands
£
£32,795 - £41,545
Universitry of Southampton
Southampton
Competitive Package
Npower
West Midlands
1 & 2 Bed apartments
From £249,995
Great Investment, River Views
Great Dubai Investment Opportunities
from £89,950
low-cost ownership homes in London
Multi–Centre 9 Nights
From only £925pp
View thousands of properties online with your Vacation Rental People
£POA
List your property with two leading travel websites
£POA
Great travel insurance deals online
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times. Globrix Property Search - find property for sale and rent in the UK. Milkround Job Search - for graduate careers in the UK. Visit our classified services and find jobs, used cars, property or holidays. Use our dating service, read our births, marriages and deaths announcements, or place your advertisement.
Copyright 2008 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Mark Bingley & Donna Fattigone from the US carping at us???? Is this the same US that actively dismantled the British Empire, only to acquire a pseudo-Empire today?
If I recall my history, it was the US who waffled on about the rights of indigenous people to settle their land............. here we have a case of indigenous people winning a court ruling to return............ the same US that goes on about "freedom" etc etc etc.
I'm not knocking you.... but a bit of consistency wouldn't go amiss when it comes to rights, self determination and freedom... oh, and the rule of law or is that just the sales pitch?
Jock, shrewsbury,
Whats really sickening about this is the fact that the USA a beacon of democracy for the world, makes videos of the island as a resort for the milatary. Whilst the Islanders are denied all legal and civil representation. Is it no wonder that the US/UK governments are hated trhoughout the civilized world. The only people they serve is themselves. What happened to duty, honour and self sacrifice? The only code of ethics they live by is Dog Eat Dog.
Jude, portsmouth, hampshire
Let's not forget either that the Foreign Office minister who began the process of evicting the islanders was Roy Hattersley, currently the self-appointed Inheritor of Keir Hardie's cloth cap.
Henry Wilcox, Ipswich, UK
Let's not forget that the British Government stalled structured land reform in Zimbabwe thus allowing Mugabe to exploit this loophole make it a political issue which has destroyed one of Africa's most adavanced nations. Surely, in a nation were 80% of the arable land was owned by less than 20% of the population, re-distribution of land cannot be a bad thing. This is so much so, especially, were the land owners are descendants of former colonialists who took the land by force in the first place. The british want to hold out the 'human rights' card when it best suits their interests or not at all. The rest of the world deserves justice too....
Taff, Stoke-on-trent, UK
Of course Robin Cook was right on this subject. This government shares in the disgrace of the original authoritarian and inhumane decision if it fails to correct it
Margaret Cook, Edinburgh, UK
I am suprised to hear your praise of the Human Rights Act, interpreted by our loopy judiciary it has been a disaster. The sooner it is repealed the better.
David, Harrogate, Yorkshire
Chris Coles knows nothing about the Civil Service, or he could not express the strange opinion he does. The boot is on the other foot. Ministers decide what to do and then expect civil servants to come up with arguments in support.
As for the Palestinians - not everything is about you, you know.
Alexandria, Sheffield, UK
Tha Chagiossians have been most cruelly and unjustly treated. It is within the government's power to rectify the situation. To learn more, visit www.chagossupport.org.uk
Celia Whittaker, Leyland, UK
..and what about the "right of return" of the Palestinians, why is the western world so silent about this injustice?
Jawed, London,
What % of readers want film posters?
Is this not a waste of resources, and contributing to global warming?
Rex Keech, Herne Bay, Kent/England
Governments ; human rights.
Surely this is an oxymoron?
Simon, Esher, Surrey
Having an empire is a bitch, mates. Even worse is not having one.
There are many ways to provide equity in cases where returning to the status quo ante is difficult or not desirable or not in the larger interest. Compensation, for example.
Try to suck it up and act like a nation with balls.
Donna Fattigone, Erewhon, USA
Why would the British Government care about the rights of what it perceives as a weak voice (no more!) when it could strengthen its relationship with the US by keeping the Chagossians as far away as possible from Diego Garcia. Who had priorly heard of Chagossians? Yet another story that priorities are neither Human rights nor justice (nor liberation of the people for that matter) but simply power, power and more power.
Ashwina, London, UK
I am outraged and digusted by such injustice
A.T. Martin, Warsaw, Poland
It is not unprecedented for someone to have the right to live in their own country withdrawn. This happened to a Gibraltarian, Albert Fava, who was expelled from Gibraltar in 1948, fot trade union activities.
John, Southampton, UK
The Americans have always been there when you needed them. They aver that they require Diego Garcia for common defense with such allies as Australia, New Zealand, India, and (yes) the UK, and you have no objective basis to dispute that. Moreover, the Sino-Pakistani development of the port of Gwadar and China's creeping takeover of Burma only heighten the need for that base. Similarly, siting here at your desks in the First World, you have no objective basis to quibble with the American fear that the rest of the archipelago is a security risk (remember DR. NO?). So, boys and girls, express your gratitude for not having to report to a reichsminister or a commissar and let the US do its job. Besides, if Al Gore is even partially correct, in a few years the UK will have to remove the islanders back to Mauritius when the seas rise.
Mark Bingley, new york/new york, usa
Blair like many former lefties has just taken his stalinist views and moved them to the right. The difference between stalinism and fascism is just the difference between black and red. Just another example of British governments kow towing to the Americans.
Neil Murphy, cromer,
Everything a government minister does is overseen and advised upon by the Civil Service. No government minister may act without the Civil Service agreement and consequent briefing. This deplorable action is not at the behest of elected ministers; it is at the direction of the British Civil Service, who, in turn, sit at the head of the table called the establishment. The people of a fuedal nation can only look on and wish for true democracy.
Chris Coles, Medstead, Alton, UK
I absolutely agree with Ishbel Mathieson. The treatment of the Chagossians is disgraceful and shaming on us as a country. I would gladly add my name to any petition regarding this.
R E Ward, Penarth, Vla of Glamorgan
Such injustice! I thought that the British people stood for fairness and justice and truth. Their leaders are damaging the nation's image beyond repair. Is there no way in which they can be removed from power? This is a shock to all the people in the world who used to look up to Britain as a just arbiter and the protector of the weak. It's a disgrace that these people should be denied a return to their homeland. This is what you expect of totalitarian regimes, not Britain.
Chie, Tokyo, Japan
As Banquo's ghost is summoned from the vasty deep, Henry Percy speaks disparagingly thereof...!!! Methinks all the world's a stage, and all the men and women merely players.
Brian D Finch, Glasgow,
Why am I not surprised!
Martin Morrow, Los Angeles, USA
So thats what it says on Cooks gravestone. I wonder if it was his suggestion, as it reflects rather poor odds for a betting man. It sounds to me like a different recipe for the same old disaster.
Henry Percy, London, UK
Has anyone delved into the possibility of huge oil/natural gas deposits in the sea bed surrounding the islands in-question?
After-all, that WAS eventually disclosed as the root cause for the Falklands War and today persists as investors and a very few LSE listed companies drill away in the leased 'blocks' of sea bed.
It's really not very far-fetched a reason considering the Reagen/Bush (senior) administration's military assistance in the East Timor slaughter - to preserve a deep channel submarine passage around the north of Australia and the off-shore oil deposits therein.
Seems like it always comes back to oil and those in Govt authority with personal interests in the oil industry - doesn't it?
Larry, Middletown, USA/NY
I hope the Islanders win, for the triumph of justice and individuals with their human dignity over the excessive and unjust use of governmental power.
Miland Joshi, Birmingham,
The U.K. government righly condemned the expulsion of Ugandan Asians in the 1970s, Black South Africans to the Homelands in the 1980s, the various Balkan ethnic groups in the 1990s, the Zimbabwe clearances and Kosavo in this decade and others. Why do we once again ignore what is logical, right and just in this case, it seems that our total subserviance to America's will. Diego Garcia is one of those places were America can claim that the Constitution othe U.S.A. does not apply and that the laws of the U.K. do not apply within the base this makes it very useful to both governments as base for activities that fall outside the rule of their and Europian law, the minds that folow this logic will be unable to fathom the justice of the islanders case or the hypocracy of both governments.
Huw Williams, Milford Haven, U.K.
And, on the other hand, the government talks about what it means to be British and fair play. I feel a sense iof shame.
Mike Sedgwick, Eastleigh, Hampshire
As anyone hoping to use legal process to recover financial loss from official maladministration will know, Crown Immunity and the sovereign prerogative can seem impregnable. This is an area of English Law which may have remained unaltered to date because it is invoked so rarely.
Those critical of a monarchy may forget its usefulness in enabling historical precedent and ancient law which can be at unease with democratic ideas to enable government ministers to overcome opposition to just about anything. In the case in point, it may be that a distance of 100 miles from the US base is too close for those uncomfortable with the transparency afforded by modern electronic devices.
But it might be better to say so, and pay the former islanders proper compensation, rather than to use law used in slave trading days to perpetuate modern injustice.
dr venables preller, Warminster, UK