Child Prisoners and Detainees: Occupied Palestinian Territories

Debate between Bob Stewart and Paul Monaghan

Wednesday 6th January 2016 Westminster Hall

[Bob Stewart]

Yes, I accept that point. Of course there is that belief among some people. It is wrong. It should not happen.

It is with a certain amount of bewilderment that I watch how Israeli law in practice differs from one individual to another in an area controlled by Israel, specifically the west bank. There is certainly not equality before the law for all who live there. Jewish settlers are treated very differently from Palestinians. It worries me that two kinds of law apply in the west bank, depending on race and nationality identity. If someone transgresses and they are a Jewish settler child, they are tried under civil law, but if they are a Palestinian minor, they automatically go before a military court, which has very different procedures and punishments.

[Dr Paul Monaghan (Caithness, Sutherland and Easter Ross) (SNP)]

Will the hon. Gentleman give way?

[Bob Stewart]

No, I am sorry. I will not take any more interventions.

I understand and accept that legally applying civil law to Palestinians in the west bank would be tantamount to unlawful annexation of the area. I agree with that point but, when dealing with civilians, both civil and military laws should be equalised so that children—whether they are Jewish or Palestinian—are treated equally. At this point I pay tribute to Gerard Horton of Military Court Watch—a great lawyer.

According to the Israeli prison service, 407 Palestinian children aged 12 to 17 have been in military detention since 30 November 2015, which is a 33% increase on the previous month. The number of children in detention is now at its highest level since March 2009, and is 54% above the level that Foreign Office lawyers witnessed when they produced their report. Of course that is wrong. Who would not dispute circumstances in which children can be arrested at night, blindfolded and hooded? Who would dispute that lawyers should be present at every interrogation, that parents should be given the option to be present too, that all interrogations should be audio-visually recorded and, importantly, that no child should be transferred out of the west bank into Israel?

In the past, when I commanded British forces in Bosnia—I am sad to say this—I witnessed what were clearly crimes against humanity. Many people, including children, were arrested because of their race. They were ill-treated, detained and improperly locked away in totally inappropriate circumstances. It saddens me to make an analogy—I do so with huge hesitation because of my love for Israel and what it has achieved, and because of the Jewish historical experience—yet I am sorry to say that the way Palestinian children are dealt with in the west bank has some disturbing similarities with what I witnessed happening to children in the Balkans. To me it is utterly wrong that a democratic, enlightened, pro-western state such as Israel, with two different legal systems, clearly differentiates—

Chagos Islands

Debate between Bob Stewart and Paul Monaghan

Wednesday 28th October 2015 Westminster Hall

[Dr Paul Monaghan (Caithness, Sutherland and Easter Ross) (SNP)]

I beg to move,

That this House has considered the Chagos Islands.

Thank you, Mr Rosindell, for the opportunity to consider the many issues that confront the UK Government in respect of the Chagos islands. It is my privilege to serve under your chairmanship as a member of the all-party parliamentary group on the Chagos islands.

It would be remiss of me not to begin the debate by highlighting the presence of the Chagossians, other interested parties and Members from all political parties who have taken the time and trouble to be present here today; it is rare for a humble Westminster Hall debate to be so well attended. The interest in the debate reflects the widespread concern, and high levels of interest, from across the world for the people of the Chagos islands. Many here today have worked tirelessly to highlight the injustices perpetrated on the indigenous people of the Chagos islands over many years by a nation state that, quite bluntly, should know better.

On 8 November 1965—almost 50 years ago to the day—Harold Wilson, the then Prime Minister, authorised the creation of the British Indian Ocean Territory. That act was far from benign. The establishment of that territory was nothing less than a cynical and calculated plan to annex the Chagos archipelago, expel its indigenous people and deploy resources for military advantage.

The plan hinged on shameless exploitation. During a five-year period from 1968 to 1973, every single Chagossian man, woman and child was forcibly removed in secret from the islands. None has since been allowed to return. For the past 50 years, Chagossians have lived in poverty. To the utter shame of every UK Government and the 17 Foreign Secretaries since, that ethnic cleansing of an entire people has been variously ignored, glossed over or actively misrepresented.

The purpose of the annexation was to facilitate the leasing of the largest island in the Chagos archipelago, Diego Garcia, to the United States to allow the construction of an enormous military base. The base remains today. We now know that, in return for annexing the archipelago and expelling its people, the UK Government received a cash discount of £11 million on Polaris nuclear missiles, which is equivalent to about £200 million today when adjusted for inflation.

The story of Chagos has been a chronicle of abuse, naked greed and bullying on a grand scale. Indeed, it is a narrative of the hideous abuse of power and trust perpetrated against a humble people and an account of the success of a plan that hinged on the reprehensible neglect of a people’s inalienable human rights. Many believe that abuse of power falls within the International Criminal Court’s definition of a crime against humanity. That may be so, but we can be certain that human rights were sacrificed by the UK Government in a sordid deal to secure weapons of mass destruction. I am sure the Minister agrees that that is an appalling legacy.

Before 1968, more than 2,000 people lived on the Chagos islands, with many having family histories dating back almost 200 years. Chagossians had a thriving society, with numerous villages, schools, hospitals, churches and businesses, and a unique way of life. Unknown to Parliament, and in clear breach of United Nations charters, the UK plotted to deliberately destroy that society. The truth about the cleansing of the Chagossians, and the Whitehall conspiracy to deny that there had ever been an indigenous population, did not emerge for almost 20 years, until files were unearthed at the Public Record Office in Kew by the historian Mark Curtis, the journalist John Pilger and lawyers acting for the former inhabitants of the islands, who were campaigning for a return to their homeland.

[Bob Stewart (Beckenham) (Con)]

I am not familiar with the geography of Diego Garcia, but is there enough room on the island for the military base to remain and the people to return?

[Dr Monaghan]

The islands are an archipelago. There are hundreds of islands and more than enough space for everyone.

In 1982, when the truth leaked out, the islanders exiled to Mauritius were awarded derisory compensation of less than £3,000 per person. Those exiled to Seychelles were awarded no compensation. It was noted then that it had been

“entirely improper, unethical, dictatorial to have the Chagossian put their thumbprint on an English legal, drafted document, where the Chagossian, who doesn’t read, know or speak any English, let alone any legal English, is made to renounce basically all his rights as a human being.”

Was the annexation improper? Certainly. Unethical? I have no doubt. Dictatorial? Absolutely. Those are strong words, but that is exactly how the UK Government have treated and continue to treat the people of Chagos. That is what the Minister is here today to explain.

I understand that Diego Garcia remains the United States’ largest military base outside north America. There are two runways, over 30 warships, more than 4,000 troops and a satellite spy station located on the island. The base has been used as a launch pad for invasions, including those of both Afghanistan and Iraq. It is still in use, and that use is still encouraged by the UK Government.

In 1966, terms for the lease of Diego Garcia were agreed at $1 a year. On expulsion, the indigenous population were allowed to take just one suitcase each. They were forced into the hold of the SS Nordvaer and transported to Seychelles, where they were held in prison cells before being transited elsewhere, many to Mauritius. Wherever they were sent, they were left without financial support.

A Foreign Office memo on the subject at the time, from Sir Paul Gore-Booth to diplomat Denis Greenhill, stated:

“We must surely be very tough about this. The object of the exercise was to get some rocks which will remain ours; there will be no indigenous population except seagulls…The United States Government will require the removal of the entire population of the atoll.”

Denis Greenhill replied in August 1966:

“Unfortunately, along with the birds go some few Tarzans or Men Fridays whose origins are obscure and who are hopefully being wished on to Mauritius etc. When this has been done I agree we must be very tough and a submission is being done accordingly.”

It is impossible for the UK Government to hide behind that correspondence. The casual disregard for human life it evidences is chillingly calculated, unambiguous and staggering. Nevertheless that “tough” action provoked legal action that has ultimately led to all of us being here for this debate today.

[Dr Monaghan]

My hon. Friend has raised a valid point that I will come to shortly.

In 1975, a former resident of the Chagos archipelago, Mr Michel Vencatassen, initiated a claim for compensation in the courts of England against the UK Government. The claim was settled in 1982 in an agreement under which the United Kingdom would pay £4 million into a fund for the former residents of the archipelago. Together with a previous payment of £650,000 made to the Government of Mauritius in 1966, that £4 million was later held as

“full and final settlement of all claims”

arising from the removal or resettlement of the population of the Chagos archipelago—despite the fact that many Chagossians have received no compensation at all.

Other verdicts in the English courts went in favour of the Chagossians, in 2000, 2006 and 2007. But in 2008 the House of Lords overturned them all and ruled in favour of the UK Government. That bizarre ruling argued that the Chagossians were deprived of their right of abode lawfully. The ruling resulted in the formation of the all-party group on the Chagos islands, which has since met over 50 times and has attracted members of every single political party represented at Westminster. Full cross-party representation on such a group is very rare indeed.

Undaunted by the 2008 ruling, a group of Chagossians continued to pursue their claims before the European Court of Human Rights. In December 2012, the European Court judgment Chagos Islanders v the United Kingdom held that the claim was inadmissible, on the grounds that in settling their claims previously in 1982 and accepting and receiving compensation, the applicants had effectively renounced further use of legal remedies. Following the ruling, the right hon. and learned Member for Beaconsfield (Mr Grieve), then Attorney General and speaking for the UK Government, said:

“we regret very much the circumstances in which they were removed from the islands and recognise that what was done then should not have happened.”

Fine words on a flawed judgement—flawed because, I note again, not all Chagossians were compensated.

Five weeks before the general election in 2010, parallel to the actions on deprivation of right of abode, the then Foreign Secretary, David Miliband—now, it is worth noting, president and chief executive officer of the International Rescue Committee, where he oversees humanitarian relief—ignored the advice of diplomats and rushed through the establishment of a marine protected area around the UK-controlled Chagos islands. That declaration was another significant, desperate and cynical attempt to anticipate legal claims on right of abode and to continue subverting the human rights of the Chagos people.

At The Hague on 18 March 2015, in its judgment Chagos Marine Protected Area Arbitration (Mauritius v United Kingdom), the Permanent Court of Arbitration ruled in favour of Mauritius against the UK Government concerning the declaration made on 1 April 2010 by David Miliband on behalf of the UK Government. The tribunal found that consultations on the marine protected area were characterised by a lack of information and an absence of sufficiently reasoned exchanges between the parties involved. It noted in particular that the UK Government engaged far less with Mauritius about establishing the marine protected area than it did with the United States. We need not speculate why.

More recently, on 4 August 2015, the UK Government announced a three-month consultation exercise on purported resettlement of Mauritians of Chagossian origin in the Chagos archipelago. That consultation period ended yesterday, when Mr Pierre Prosper, chair of the Seychelles Chagossians Committee, told me that although all Chagossians have responded to the consultation stating that they want to return, all have refused the terms of the UK Government’s offer,

“which reduces us to cheap labour for the military base, with no rights at all”.

Considering that consultation on resettlement, the Minister should know that the proposed conditions of resettlement amount yet again to a gross violation of the Chagossians’ most basic human rights.

The Prime Minister of Mauritius has also rejected the premise of the UK Government’s consultation and has demanded that Chagossians who wish to resettle on the archipelago should be able to live in dignity and enjoy their basic human rights. I support that view. The Prime Minister of Mauritius stated earlier this month at the United Nations General Assembly:

“The Chagos archipelago was illegally excised by the United Kingdom from the territory of Mauritius prior to its accession to independence, in breach of international law and resolutions of this Assembly.”

In the wake of that illegal excision, the Mauritians residing in the Chagos archipelago at the time were forcibly evicted by the British authorities, with total disregard for those people’s human rights. Most of them were moved to the main island of Mauritius. The Government of Mauritius are fully sensitive to their plight and their legitimate aspiration as Mauritian citizens to resettle on the archipelago. Mauritius welcomes the award of the arbitral tribunal delivered on 18 March 2015 against the United Kingdom under the United Nations convention on the law of the sea:

“We welcome the tribunal’s decision that the ‘marine protected area’ purportedly declared by the United Kingdom around the Chagos archipelago was established in violation of international law.”

That is an excellent summary of the current situation.

The current resettlement proposals offer no right of abode and stipulate that Chagossians must return to their islands as “contract workers”, with no right to buy land or property. Moreover, the resettlement is intended to be for a trial period, beginning with a two-year pilot, after which resettlement may be cancelled. During the pilot period, Chagossians will not be allowed visitors on their islands, despite hundreds of wealthy tourists visiting the islands each year, mooring their yachts, living in Chagossians’ abandoned homes and spending their time on the islands largely unmonitored. Similarly, unlike with Tristan da Cunha and Pitcairn, the UK Government’s resettlement proposals advise that no education services will be provided, thereby effectively excluding families with children from returning to their islands.

In short, the consultation and the terms of resettlement are transparent, unsatisfactory and quite obviously designed to scare the indigenous people and ensure that resettlement on the Chagos islands fails. The refusal of the consultation document to guarantee support for Chagossians if resettlement is cancelled after two years means that Chagossians face an unenviable dilemma, and an unattractive and very insecure future. Furthermore, many Chagossian groups in Europe—for example, in Switzerland and France—have not been consulted on the resettlement proposals at all. As an exercise in engagement, the consultation is therefore effectively worthless and should be viewed and condemned as such.

To be clear, the UK Government’s consultation fails spectacularly to address the key issues and should be roundly dismissed. It is, of course, welcome that the UK Government are considering how to make Chagossian resettlement a reality, but the terms of resettlement must be fair to Chagossians. The current proposals are not.

The basic premise advanced by the UK Government of there being “uncertainty” over both resettlement costs and demand is simply inaccurate. Indeed, recent freedom of information requests reveal that KPMG, which evaluated resettlement options and developed the costings, has described its own estimates as having been made with “pessimism”. It remains unclear who instructed that pessimism, but I am sure we will find out at some point. To put that pessimism into context, one estimate suggests “capital and training” costs of £267.5 million over six years to resettle 1,500 people. Another scenario is costed at £4.04 million per person to meet the capital costs of “resettlement and security” over the first 10 years.

[Bob Stewart]

The hon. Gentleman mentioned a figure of 1,500 Chagossians. Roughly that number of people were dispossessed in the first place. I would have thought the number was greater now, given everything that has happened with families. Is it still 1,500?

[Dr Monaghan]

It is not 1,500. I think the number of Chagossians and their dependants is now approaching 5,000, but one of the scenarios put forward in the consultation document suggests that 1,500 people might be resettled.

There is, in fact, no consistency and no credible explanation for the overly high cost estimates of resettlement in the consultation document, but perhaps the Minister will take this opportunity to explain the pessimism included in the figures. KPMG’s pessimistic estimates suggest resettlement costs could start at £64 million over three years, which represents a tiny percentage of the Department for International Development’s budget. It is certainly far less than the £200 million cash discount achieved by the UK Government on the leasing of Polaris nuclear missiles in 1966. Indeed, £64 million seems a bargain by comparison.