Submission from The Diego Garcian Society
CONTENTS
1. The Diego Garcian Society Profile
3. The Settlement of Diego Garcians and other
Chagos Islanders in the UK
7. Projects and decisions by Islanders in
the UK
1. THE DIEGO
GARCIAN SOCIETY—PROFILE
1. The Diego Garcian Society is a voluntary
organisation which was formed and constituted in the UK on 10
December 2007, after seven years of work in the Chagossian community
in Mauritius and the UK, by Community Leader Allen Vincatassin
and his colleagues. The Society's works involve settlement, welfare,
education, health, culture and making representations before statutory
bodies and the Government on behalf of Diego Garcians (islanders
and descendants of the island of Diego Garcia) and islanders who
originate from Peros Banhos and Salomon islands and their descendants
(also known as Chagossians, Chagos Islanders or sometimes BIOT
people).
2. The society is supported by donations
from the community and is managed by an executive committee; it
is registered with Crawley Council for Voluntary Service, ICIS—Information
for Life and VOLG West Sussex Voluntary Organisations Liaison
Group. We work in partnership with local voluntary organisations
and charities such as Age Concern and Anchor Staying Put, and
belong to Crawley Local Strategic Partnership. We work in close
collaboration with West Sussex County Council and Crawley Borough
Council in matters concerning the islanders and also on local
issues to promote integration and cohesion.
3. Our volunteers receive regular training.
Allen Vincatassin, our Patron and Project Leader, has considerable
experience in dealing with resettlement of our community in the
UK and in matters relating to community integration.
4. We operate from an office in the town
centre of Crawley where we hold a daily surgery for matters affecting
the islanders. We offer free advice and support for new arrivals
and support for our older people. We run a small club for our
older members and others, in the same building. We frequently
organise talks where we invite speakers from various organisations
to come and address members of our community.
5. From 2000, we operated as the Diego Garcia
Island Council, British Indian Ocean Territory Islanders Movement,
before becoming formally constituted as the Diego Garcian Society,
in December 2007.
2. BRIEF HISTORY
6. The people of the British Indian Ocean
Territory were removed for the purpose of establishing a military
base for defence purposes without their prior consent, and were
forced to live in Mauritius and in the Seychelles. The eviction
and banishment of about 1,500 British islanders were carried out
under Orders in Council, and was executed in the most high handed
manner that any civilised democracy can contemplate.
7. However, after several court battles
the Government has acknowledged that the action of the Government
of that time cannot be justified. The former Foreign Office Minister,
Bill Rammell, stated in Parliament on 7 July 2004:
"I shall start by acknowledging that, in
my view, the decisions taken by successive Governments in the
1960s and 1970s to depopulate the islands do not, to say the least,
constitute the finest hour of UK foreign policy. In no sense am
I seeking to justify the decisions that were made in the 1960s
and 1970s. Those decisions may be seen as regrettable, but the
Government must deal with the current situation. The responsibility
of the UK Government for the decisions taken in the 1960s and
1970s has been acknowledged by successive Governments since then,
as is demonstrated by the substantial compensation that has already
been paid to the Chagossians".
8. We have started to see some progress
in the last seven years, but would like the Government to do more
to ensure that these wrongs be redressed on humanitarian grounds
and that our connection with the United Kingdom as British Overseas
Territories Citizens and British Citizens is safeguarded. We believe
that this can be achieved through constructive dialogue and action
and this is why we believe the submission of this report to the
Foreign Affairs Committee is so important.
3. THE SETTLEMENT
OF DIEGO
GARCIANS AND
OTHER CHAGOS
ISLANDERS IN
THE UK
9. On 16 September 2002, Allen Vincatassin
led 19 Diego Garcians (including islanders and descendants) in
the UK to start a new life and to settle as destitute British
Overseas territories citizens who had no right to return to Diego
Garcia, even after the judgement of the High Court in the case
of Bancoult 1 of November 2000. They were escaping poverty and
wanted to exert their right of abode in the UK to start a new
life.
4. DIFFICULTIES
10. Allen Vincatassin and the committee
of the then Diego Garcia Island Council wrote to the government
for assistance and support in starting a new life in the UK. However,
they were told that they would have to comply with the general
rules for British Overseas Territories citizens which stipulate
that one should be able to fend for oneself on arrival in the
UK and that there would be no special treatment for them.
11. The group took a one way ticket and
landed at Gatwick Airport where they had to sleep rough for three
days at the airport, with no support and nowhere to go. Allen
had to deal with the lethargy and complexity of rules in order
to successfully get support. On the third day, West Sussex County
Council had to step in and took the group into emergency accommodation
and supported them under the National Assistance Act 1948. They
had to stay in a hotel for a period of six months, as they were
not entitled to any state benefits because they could not pass
the Habitual Residency Test (HRT). They were given £30 per
week individually as support.
12. Allen and his team supported another
group of 50 islanders to come and settle in the UK in March 2003
and had to jump the hurdle of the Habitual Residency Test again
but, fortunately, West Sussex County Council stepped in for a
second time, which caused them to spend £500, 000 from their
old peoples' budget.
13. A group of about 23 people was sent
to London in June 2003, by Olivier Bancoult of the Chagos Refugee
Group, for settlement. These people were expected to pay for their
own accommodation which most of them could not do, because they
could not afford the sums of money required for bed and breakfast,
even though some of them had taken out loans in Mauritius. There
was a crisis and the group in Crawley had to go and investigate
the matter. Allen got in touch with the local authorities in London
but no one wanted to take responsibility. Allen and the committee
decided to take the 23 people and put them temporarily at Gatwick
Airport, and had to ask for a judicial review. An interim order
was given for West Sussex County Council to temporarily support
the group. Later West Sussex County Council accepted responsibility
but the Government continued to deny assistance to the islanders.
14. Despite all the difficulties, the committee
decided to help another group of about 60 people to settle in
the UK, which arrived on 8 and 16 October 2004. We had the same
scenario and we were very upset by the refusal of the Government
to treat our case on compassionate grounds as far as the HRT test
was concerned. When we suggested to the group that they apply
for Jobseekers Allowance shortly after they arrived in the UK,
they were refused this vital state benefit which could have helped
them until they found work. We encouraged the group to appeal
against the decision. On 21 February 2007 the Commissioner of
the Social Security Tribunal finally gave his verdict in the CJSA/1223
and 1224/2006 case under section 14(8)(a)(i) of the Social Security
Act 1998, after a long legal battle, as follows:
The claimant in CJSA/1223/2006 was habitually
resident on and from 20 December 2004.
The claimant in CJSA/1224/2006 was habitually
resident on or from 8 of December 2004".
Para 75. "I have considered whether
the claimants' connections were so few and so tenuous that a period
of more than three months might be required before they became
habitually resident. I have, though, concluded that the period
should be shorter than that. These are my reasons. First, there
is the strength of their determination and their tenacity of purpose.
That forms the context in which the significance of their actions
has to be assessed. It also colours their actions. Second, the
claimants became part of the network provided by fellow members
or supporters of the British Indian Ocean Territory Islanders
Movement. They provided moral support, but there are also hints
in the papers of some financial support. No doubt, the movement
also provided advice on the practicalities of living in this country.
Third, there is the nature of actions taken by the claimants.
Some naturally, were concerned with the immediate needs of providing
food and accommodations. The others were directed at finding work
and motivated by a desire to become self-supporting members of
the community with their own accommodation for themselves and
their family members. In other words, the claimants were not just
concerned with their immediate needs, they were taking steps directed
to establishing long-term connections with this country".
15. The society had to make representations
to the Jobcentre for the islanders to finally start receiving
their due Jobseekers Allowance, in December 2007. Since the Government
refused to relax the HRT, the islanders took them to the High
Court. Unfortunately, the islanders lost their appeal at the end
of 2007, and this now waiting to go before the House of Lords.
5. THE COMMUNITY
(a) Population
16. There are about 1,000 islanders mainly
residing in Crawley with about 20 living in Manchester. Of this
number, about 100 were born in the Islands and the rest are descendants
of the second and third generations. We have had about 80 births
and three deaths during the past five years. There are about three
new arrivals every three months and we have more than 100 people
who are waiting for us to help them to come to the UK. We are
currently trying to do a cost analysis of running a centre for
these people as they cannot apply for benefit on day one of their
arrival in this country.
(b) Housing
17. The islanders have to follow the general
rule of the local authority. Most are in private accommodation
(which is expensive), while some are living in council properties.
About four people have been able to buy their own properties with
mortgages.
18. The deposit required to rent a property
is usually quite large and the islanders find it hard to raise
the required amount. Although Crawley Borough Council operates
a Rent Deposit Scheme that give the deposit in the form of a bond,
this is not accepted by all landlords and the Council has made
it clear that their financial resources are limited when it come
to this scheme.
(c) Employment
19. All the groups have been able to find
jobs in Crawley and many are working at Gatwick Airport, in the
cleaning services, administration and food industry and in other
sectors of the economy. 90% of the community are working and contributing
to the local and national economy, while 10% of the older members
of our community and those who have not yet found a job are on
benefits.
(d) Education
20. Illiteracy was very high in the community
before we came to the UK. In 2002 the committee managed to get
most of the islanders enrolled on English courses at Sussex College
(formerly Crawley College) after Allen Vincatassin had proved
that the islanders were an exceptional case, for the courses to
be funded by the Learning Skill Council. All the groups that arrived
took advantage of that and manage to start learning English and
computer skills. Currently, the Society is working in partnership
with Crawley Council for Voluntary Service on an English training
programme for adults, and about 30 adults (including older members
of the community) are attending on a weekly basis. Most of our
children attend local schools and colleges. We have three young
people who cannot go to university, again because they would have
to have been in the UK for a period of three years before they
qualified for help to enter university.
(e) Culture and welfare
21. The society helps to revitalise culture
by organising frequent social gatherings where the older generation
can perform and thus pass on our culture, heritage and traditions
to the next generation. We also participate in the Crawley Mela,
which is a multicultural festival celebrated in summer every year
and are present on stage to perfom the sega (traditional music
and songs) in the Black History month. We work in partnership
with the Women's Chagossian Welfare Association which makes a
significant contribution to the cultural activities of the community.
22. We also organise healthy cooking sessions
and talks on health issues, thus encouraging our people to keep
fit and enjoy good health.
(f) Role in the local community
23. The Society represents the Islanders
in the local community and interacts with other groups and the
BME community. Our members are encouraged by the society to participate
in local forums, debates and social activities. This networking
with local organisations, charities and BME groups is helping
us in the process of integration, cohesion and progress locally.
We feel accepted and are able to integrate into UK society.
6. UNRESOLVED
ISSUES
1. Immigration
24. Most of the third generation (adults
now) born in Mauritius are not entitled to British Citizenship
by descent. Some of these people cannot satisfy the criteria that
the law requires, since they were born in Mauritius, even though
as a consequence of exile rather than their own choice. There
were no immigration laws in the British Indian Ocean Territory
to regulate the immigration status of these people and now they
are caught between a rock and a hard place.
2. Habitual Residency Test (HRT)
25. The HRT is still applied by the Government
and it is a major issue for the islanders as it makes it hard
for newcomers who have no friends or family link in the community.
These people have to wait in Mauritius in desperation until we
can support another group to come and settle.
3. COMPENSATION
26. Most islanders believe that the compensation
that was paid between 1982 and 1983 was inadequate. The court
of appeal has stipulated that the compensation was inadequate
although it cannot give redress to the compensation claim of the
in Chagos Islanders VS Attorney General & Her Majesty's British
Indian Ocean Territory Commissioner case July 2004.
Lord Justice Sedley said as follows in his judgement:
Para 54. "This judgment brings to an
end the quest of the displaced inhabitants of the Chagos Islands
and their descendants for legal redress against the state directly
responsible for expelling them from their homeland. They have
not gone without compensation, but what they have received has
done little to repair the wrecking of their families and communities,
to restore their self-respect or to make amends for the underhand
official conduct now publicly revealed by the documentary record.
Their claim in this action has been not only for damages but for
declarations securing their right to return. The causes of action,
however, are geared to the recovery of damages, and no separate
claims to declaratory relief have been developed before us. It
may not be too late to make return possible, but such an outcome
is a function of economic resources and political will, not of
adjudication".
7. PROJECTS AND
DECISIONS BY
THE ISLANDERS
IN THE
UK
Visit to Diego Garcia, Peros Banhos and Salomon
Islands
27. The society is now in negotiation with
the Foreign and Commonwealth Office for the organisation of a
visit to the islands, for a proposed group of fifty UK based islanders,
which will include a cross section of the population. The aim
of the visit is to revitalise links with our homeland and our
cultural and ancestral heritage and to do our own feasibility
study to compare life in the islands with life in the UK. Laura
Moffatt MP (Crawley) has been talking to the Overseas Territories
Minister and a meeting has been scheduled with the minister to
discuss possibilities at the end of February 2008.
(a) A Centre
28. In the absence of provision for new
comers we are working on the cost analysis for a centre to welcome
and support those islanders who have no friends or family link
in the UK. We will then need to apply for funding to get this
project off the ground. We are looking at various models around
the country and the cheapest way of doing this project.
(b) A Company
29. We are currently encouraging the islanders
to form a company to start trading in the UK and to undertake
projects in the British Indian Ocean Territory such as eco tourism
and exploitation of other natural resources which will benefit
all families.
(c) Project for the Older Generation
30. We have joined in a consortium called
POPP (Partnership For Older People Project) which is a pilot project
by West Sussex County Council, aimed at giving more independence
to older people and minimising health problems and hospitalisation.
If our consortium wins the bid, it will be of tremendous help
to the older members of our community.
(d) Election in the Community
31. The islanders living in the UK voiced
their aspirations on Saturday 16 February 2008 at a general meeting
and have asked for an election to be organised for a body to represent
them officially in all matters. They do not recognise that the
election of the representatives on the Ilois Welfare Fund in Mauritius
have the power to represent them.
32. The Diego Garcians have expressed their
desire to stay indefinitely in the UK until the time that Diego
Garcia will cease to be an American base. Islanders who originate
from Peros Banhos and Salomon islands have also expressed their
desire to stay in the UK. The people have made it clear that their
families are joining them in the UK for settlement and that they
will not return, but would like to maintain links with their homeland
and to have the right of exploitation of the islands' natural
resources, in order to benefit their families and other generations.
33. They will elect a leader for Diego Garcia,
Peros Banhos, and Salomon islands, and do not want to be dictated
to by the Chagos Refugee Group and its leader. They want everything
to be centralised and they want to have a say in their future.
They have agreed also for islanders who are based in Mauritius,
Seychelles and Europe to vote in this election.
8. CONCLUSIONS
34. After several meetings over the past
five years and including the last meeting on 16 February 2008,
we have come to the conclusion that the majority of the islanders
do not wish to return, but have expressed their desire to visit
and to keep a link with that part of their ancestral and cultural
heritage, to which end they would like the right to exploit the
natural resources that will benefit their families. They have
expressed their wish to stay in the United Kingdom as this country
gives them the support and the security they need with a better
standard of living.
35. Additionally, most of them would like
the Government to come up with an increased level of compensation
or with other means of reducing their burden; our community is
currently suffering from the consequences of exile, such as non
entitlement to British Citizenship, which are the result of laws
and rules that they are unable, through no fault of their own,
to satisfy. They want to exert the right of abode in the UK but
they cannot do so because of the Habitual Residency Test (HRT),
which prevents them from getting state benefit to start a new
life until they can find a job, and fend for themselves.
36. The resettlement of our people was hard
and we would not have been able to do it without the help and
support of Crawley Borough Council and West Sussex County Council.
These authorities have carried out their statutory responsibilities
towards the islanders, in the most complex situations they have
ever come across.
37. Finally, the people of Diego Garcia,
Peros Banhos and Salomon islands do not want their decisions to
be decided by the Chagos Refugee Group and its leader, but want
everything to be centralised, and to this purpose they have expressed
their wish to elect a board that will represent the interest of
every islanders in the UK. They wish that the issues affecting
them could be resolved in a civilised way in good and constructive
discussions between them and the Government.
9. RECOMMENDATIONS
38. We strongly recommend that the following
be laid before the House:
1. The Diego Garcians and other people of
the British Indian Ocean Territory wish their homeland to remain
a British Overseas Territory and wish to have the right to return
to Diego Garcia when the island will ceases to be used as a military
base. They want the Government to ensure that the islanders and
their descendents' rights, will be respected according to the
provisions of the UN charter and according to international law,
and that their homeland will not be ceded to another state.
2. The Government should urgently renegotiate
and engage in talks with the US on getting financial support for
the islanders (to compensate for the inadequate compensation of
1982-83) as their agreement to transform the island of Diego Garcia
came into force in the 60s without any consultation with the people
and was done in the most secret way. The initial agreement termination
and renewal will occur only in 2016. The people want matters to
be resolved as soon as possible, as many islanders will be deceased
by that time.
3. The Government should fund the establishment
of a centre that will welcome new islanders who want to settle
in the UK or give appropriate funding to the local authorities
(Crawley Borough Council and West Sussex County Council) to establish
and run this facility, and provide more assistance to the islanders.
4. The Government should consider extending
the entitlement to British Citizenship to all those who can be
classified as descendants of the British Indian Ocean Territory
(Chagos Archipelago), based on consequences of exile.
5. The Government should allow the islanders
to exert the right of exploitation of their homeland's natural
resources, and provide assistance where needed, for the benefit
of all families.
6. The Government should consider helping
the islanders to resettle in the UK, by providing financial support
for them to go into private accommodation, secure a deposit or
buy their own property.
Prepared and approved by the Diego Garcian Society
Reports Committee, for submission to the Foreign Affairs Committee
at the House of Commons, United Kingdom.
20 February 2008
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