British Indian Ocean Territory and the Chagos Islands

Bob Stewart Excerpts

Tuesday 25th October 2016 Westminster Hall

[Andrew Rosindell]

My hon. Friend makes a superb point. He is completely right: had previous Governments addressed that long ago, we would not be in this very unfortunate position today. It only takes common sense to realise that this could have been resolved a long time ago, and that the money spent has been a huge waste. The appalling record that we have left in not dealing with this when it should have been dealt with has left many of us feeling very sad. That is why we hope that, today, we will get some indication of whether the Government will now resolve the matter once and for all.

Hope for a resolution came in November 2000 following the High Court judgment and the decision of the then Foreign Secretary, the late Robin Cook, who restored the right to return to the outer islands. That remained the case until that right was withdrawn in June 2004 by Order in Council—thus overturning the High Court and bypassing Parliament. Then, nearly four years ago, as Foreign Secretary, William Hague announced a review of the policy, the results of which are still awaited. The Government now state that they intend to make a decision on resettlement before the Christmas recess this year, so today I will focus on why the decision should be in favour of resettlement and on the consequences of not doing so.

The expulsion of the Chagossian people from their homeland remains a blot on the UK’s human rights record, and a breach of international human rights law and, many would argue, of Magna Carta itself, the very basis of our cherished liberties. As long as this situation prevails, I believe the United Kingdom remains guilty of double standards. How can Her Majesty’s Government argue that the people of the British overseas territories of Gibraltar or the Falkland Islands should have the right to remain living peacefully in their homelands and their right of self-determination, and be prepared to use the British armed forces to defend their rights, yet at the same time refuse to accept that the exact same principle applies to the Chagossian people of the British Indian Ocean Territory who, despite their forced removal from their island home, have remained loyal subjects of the Crown throughout and cherish the fact that they are British subjects?

If the UK refuses to allow the Chagossians the right of return to live in their homeland if they choose, will the Minister explain how that fits with Britain’s desire to be re-elected to the United Nations Human Rights Council next year? A decision to grant the right of return would surely demonstrate that, under the leadership of my right hon. Friend the Prime Minister, the United Kingdom is now taking its human rights responsibilities very seriously indeed.

[Bob Stewart (Beckenham) (Con)]

I am sorry, Mr Betts, that I was a few seconds late. I ask my hon. Friend whether the right to return should also imply a right to a job. I really am concerned that when the Chagossians get home, there will not be a decent economy for them to function in, apart, perhaps, from working for Americans. We should try to build up some kind of support society, as it were.

[Andrew Rosindell]

My hon. Friend makes a valid point. We are talking about a community that has not lived there for more than 50 years, and just giving the right of return on its own is not good enough. We will need to ensure that there are adequate facilities for the people to live in an appropriate way and to work. There are many options, including working for the Americans on the base on Diego Garcia and possibly working in conservation in the marine protected area—I will come to those matters later. He is absolutely right: we cannot just say, “Go home if you wish”, but do nothing to support the community. It was our British Government who forcibly removed them in the first place, so if they go back, we have a duty to ensure that they have adequate resources to have a sustainable community.

This is surely an appropriate time for our new Prime Minister to end this shameful episode once and for all, and to make a right decision after so many years of procrastination by her predecessors. The recent report by the UN Committee on the Elimination of Racial Discrimination urged the UK to

“hold full and meaningful consultations with the Chagossians...to facilitate their return to their islands and to provide them with an effective remedy, including compensation.”

To argue, as sadly Her Majesty’s Government seem to, that the convention does not apply because the British Indian Ocean Territory has no population when the UK expelled those people in the first place must rank as the height of cynicism. The UN Human Rights Committee, which monitors observance of the UN human rights covenants, has on two occasions urged Her Majesty’s Government to rectify the situation and report on the measures they have taken to comply with the international covenant on civil and political rights. The committee’s last report said:

“The State party should ensure that the Chagos islanders can exercise their right to return to their territory and should indicate what measures have been taken in this regard. It should consider compensation for the denial of this right over an extended period. It should also include the Territory in its next periodic report.”

In June, the UK Supreme Court concluded that, in the light of the 2014 KPMG feasibility study that found no obstacle to settlement, maintaining the ban on a Chagossian return may no longer be lawful. The judgment noted that if the Government failed to restore the rights of abode, it would be open to Chagossians to mount a new challenge by way of judicial review on the grounds of irrationality, unreasonableness or disproportionality. After 17 years of litigation, is it not high time that our Government stopped incurring litigation costs that must now amount to several million pounds? Although there is one outstanding case relating to the marine protected area, which the Supreme Court will hear next year, surely the Minister must agree that the resumption of further litigation cannot be in our national interest.

The extension on 30 December this year of the 1966 UK-US agreement for the use of the island of Diego Garcia for a further 20 years provides an ideal peg for agreeing to resettlement. It is the unanimous view of the all-party parliamentary group that the extension should be conditional on both parties agreeing to support and facilitate resettlement. If the UK does not make the extension conditional, there is a danger of losing important leverage with the United States. A decision in favour of resettlement might then be postponed for many years to come. We simply cannot allow that to happen.

--- Later in debate ---

[Henry Smith]

I think that the marine protection zone is a distraction, and another reason why there should not be a bar to resettlement.

As my hon. Friend the Member for Romford mentioned in his opening remarks, we are now coming up to a break clause in what is essentially an agreement between the United Kingdom and the United States about the future use of Diego Garcia, which occupies a strategic location. It was strategic during the cold war and the various Iraq and Afghanistan conflicts, and given the ongoing turmoil in the middle east, it remains so. It is in Washington’s interest to continue to have an air base there. We have only until the end of the year, just over two months, to sort out the issue, which is why this debate is so important. We are in a strong position to set conditions for the United States. If it wants to renew its military presence on Diego Garcia for a further 20 years, the US should help us facilitate a right of return for the Chagos islanders.

[Bob Stewart]

How many people are we talking about when we talk about those who wish to return to the Chagos archipelago? How many people are there already—I think it is about 3,000 maximum, and they are transitory—and how many people from there want to go back?

[Henry Smith]

I am grateful for the interest that my hon. Friend is showing in this debate. I have yet to meet a Chagos islander or somebody of Chagos descent who does not want the right of return. I think hundreds of people, or possibly a few thousand, want to return. However, the important thing is the principle of being allowed to return. As for the makeup of the current population on Diego Garcia, it is of course US and British military personnel, as well as a lot of Filipinos who work on the base in a service capacity.

--- Later in debate ---

[Bob Stewart (Beckenham) (Con)]

I will be quick, Mr Betts. Let us be quite clear. Diego Garcia is the largest US base outside continental America. Its strategic position is vital for the western world. It is clear that it has got to stay, because, in these troubled times, we should not give up such a positioning. Diego Garcia has a huge air base. It also has facilities for military ships and, clearly, it is a forward mounting base for a large number of troops—allied troops, not just Americans—if necessary.

We all understand the importance of the base’s strategic position in the middle of the Indian ocean. We understand why it was built there. We also probably understand why Chagossians were evicted between 1967 and 1973. I understand it, but it is wrong. It was wrong then and it is wrong now. A solution is required to this problem and compromise is necessary. The British Government—our Government—say they want to try to get people back. That is great, but it is clear that the base is going to have to stay there. It must stay there. It is too good a strategic military facility for us to give it up lightly. Well, I do not think we are going to give it up. It is not ours. It is America’s, but actually we own the territory—or do we? Actually the Chagossians own it. I am very much in favour of getting Chagossians back to their homeland.

My hon. Friend the Member for Romford (Andrew Rosindell) has suggested a way for that to happen. If there are about 3,000 Filipino people working there, and about 3,000 Chagossians want to return, how about slowly changing the mix, so that Chagossians can go back and have a job there if they wish? It is mad that Chagossians cannot work there but Filipinos can.

--- Later in debate ---

[Mr Ellwood]

If I may, I will get a more detailed report on the analysis that came back from the consultation and write to my hon. Friend so that he is fully appraised of the response to the consultation. However, the bottom line is that the details about how a resettlement would work in practice need to be pursued. We hope to make sure that that happens, but I will articulate to the Minister responsible that we want an answer and a report back to Parliament within the year.

Many hon. Members have stressed the strategic importance of the military location. Anybody with a military background is soon made aware of the significance of Diego Garcia and its role internationally for our allies, for NATO, for the United States and for Britain. The joint UK and US military facility on Diego Garcia contributes significantly towards global security—I cannot stress it any more than that. It is central to our operations, and to those of the United States and our international partners, to counter threats in the region, including terrorism and piracy. The continuing operation of the base is a key factor that we must take into account in our considerations.

One hon. Member asked about dual accounting in official development assistance and defence spending. I will make it very clear that there are occasions when military activity comes under the Ministry of Defence budget and qualifies for ODA activity. I complained about that when I visited Afghanistan and found that Britain was doing work in military training, mine clearance and so on, which is “ODA-able” but we were not charging for it. We were doing things that did not go towards that figure. It is very important to put into context that this is not a competition as such. Those who make the ODA rules—it is not us—recognise that certain minimal activities to do with stabilisation, reconstruction and peacekeeping can be paid for by military personnel. There are not many activities, but there are some.

[Bob Stewart]

On that very point, would it be possible to use the Royal Air Force’s Voyager aircraft—the big ones—to take Chagossians back for a visit, and then bring them out again?