Letter to the Chairman from Richard Gifford,
Legal Representative, Chagos Refugees Group, Clifford Chance
It was a pleasure to meet you last night at
the Civic Mayor-making in Redbridge, and I was grateful for your
well-remembered recall of our last meeting at the FAC Inquiry
into the Overseas Territories. I was most interested to hear that
your Committee will shortly be questioning the Foreign Secretary
on Human Rights issues in the OT's with particular reference to
BIOT.
May I therefore take this opportunity to update you
on developments with regard to the FCO's refusal to allow resettlement
of the Islanders, despite their having been unlawfully removed
by the UK, and the strong moral ease for their return which your
Committee has identified.
The Chair of the APPG on BIOT, Jeremy Corbyn
MP, has written to President Obama, and there have been helpful
exchanges with the US Diplomatic staff at the US Embassy in London.
I understand that Jeremy will brief you directly about this promising
avenue.
The APPG has also invited the Foreign Secretary
to meet with them to discuss the weakening case for opposing resettlement.
This follows the admission by the Justice Secretary Jack Straw
(whose signature is on the Orders-in-Council which were condemned
by seven judges but upheld by a small majority of one in the House
of Lords) during a Radio 4 programme "What is the Point of
the Royal Prerogative" on 12 May. Mr Straw admitted that
in failing to refer the Orders to the FAC, he had "exchanged
legitimacy for speed". This was criticised by Lord McNally
in the House of Lords debate on 12 May, and Baroness Royall, replying
for the Government, said:
"The noble Lord, Lord McNally, referred
to what he called the shameful case of the Chagos Islands. As
he said, my right honourable friend Jack Straw stated in a programme
this morning that, with hindsight, he should have engaged in parliamentary
scrutiny to debate the issue of the Chagos Islanders."
Since the decade of litigation in our courts
between the Islanders and the FCO is now at an end, it is the
Policy which is now in need of justification, but is under increasing
fire from all sides.
The arguments advanced for opposing resettlement
were comprehensively demolished in the exchange of letters between
Gillian Merron and the Chagossian Leader, Olivier Bancoult, culminating
in the latter's letter of 20 April 2009. I enclose copies of this
correspondence which include some significant enclosures:
1. Statement of Martin Lloyd Howard, Senior
MOD Official dated 6 August 1999.[27]
2. Summary of International Bodies who have
condemned FCO policy of Exiling Chagossians, dated 2001-09.
3. Note of meeting between CRG and BIOT
Commissioner dated 25 March 2009.
4. Letter from Commissioner Louis Michel,
EU Development Commissioner to Glenys Kinnock MEP dated 18 September
2007.
These documents demonstrate respectively the
following facts:
1. The only UK Defence Expert who has pronounced
on cohabitation between islanders and the US military sees no
problem with resettlement on Diego Garcia itself, and, a fortiori,
on any of the Outer Islands.
2. FCO treatment has been condemned by several
international bodies, most recently by the EU Parliament, in Plenary
Session.
3. There are three scientific studies which
advocate resettlement as a viable option, and only one which believes
resettlement to be "costly and precarious". However,
this conclusion lacks credibility and was probably merely the
reflection of what officials wished to hear.
4. The ample resources of the European Development
Fund will be available to finance resettlement when the population
returns.
Neither the BIOT Commissioner, nor the Minister
of State has attempted to provide any substantive justification
for the Policy of Exile, save to use worn-out phrases such as
"We cannot turn the clock back".
I do hope this material and that from Jeremy
Corbyn will assist you in challenging the Foreign Secretary to
change his policy and to take seriously the invitation from the
European Court of Human rights to offer to Chagossians a "Friendly
Settlement".
I am taking the liberty of sending copies of
this letter and enclosures to the PAC secretariat, in case this
will facilitate dissemination to members, should you wish to do
this.
I remain at your disposal for any further information.
15 May 2009
27 Not printed. Back
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