Chagos Islands: UN General Assembly Resolution

James Duddridge Excerpts

Wednesday 3rd July 2019 Westminster Hall

[Patrick Grady]

It is a very powerful statement that was made by a very significant number of countries, and it has left the United Kingdom isolated diplomatically.

The Government say that the UK needs to retain the Chagos islands in order to support the US military presence on Diego Garcia—as if supporting a base for weapons of mass destruction, which has helped facilitate extraordinary rendition, should somehow help us sleep more easily at night. However, the existence of the base is not dependent on British sovereignty, and it is only on the largest of the 55 islands. The rest remain uninhabited as a result of the forced deportation of the community in the ’60s and ’70s. It would be perfectly possible to settle there.

[James Duddridge (Rochford and Southend East) (Con)]

A few years ago, I visited the Chagos island, including the outer islands. I genuinely do not think they would sustain life. Even on the main island, where clearly there is sustainment of life, because there is a big US base, the cost per person is astronomical. Is the hon. Gentleman as concerned as I am about Mauritius’s motives? The Chagossians in Mauritius live in slum conditions in some cases. They are much better off in the United Kingdom.

[Patrick Grady]

I will have more to say about the UK Government’s support fund, which has not been spent on trying to improve the lives of the Chagossians in the United Kingdom, but surely that is a decision for the Chagossian community itself. The principle of the right to return is in some respects at least as important as the ability to return.

The Government say, as the hon. Member for Cheltenham (Alex Chalk) did, that the ICJ opinion and the UNGA resolution are advisory and not binding, but the opinion confirms that the existing legal obligations already emanate from international law. The effect of all that is that the UK Government have got themselves into a petty and unseemly row with the Government of Mauritius. The Prime Minister of Mauritius, in his response to the UN resolution, described the forced expulsion of the Chagossian population as

“akin to a crime against humanity.”

The Rome statute of the International Criminal Court includes

“Deportation or forcible transfer of population”

and

“Other inhumane acts of a similar character intentionally causing great suffering”

in its definition of crimes against humanity.

The UK Government have repeatedly expressed sincere regret at the actions of the British state in depopulating the islands. In a recent written answer to Baroness Whitaker, Lord Ahmad of Wimbledon conceded that

“the manner of the removal of the Chagossians from the British Indian Ocean Territory in the 1960s and 1970s was wrong”,

so perhaps there is a case to answer. But instead of engaging constructively with Mauritius—instead of seeking some kind of arbitration method, seeking to build consensus around an alternative resolution at the UN or simply agreeing to take steps to implement the decisions—how has the UK reacted? How has the soft-power superpower, the defender of the international rules-based order, the Brexit Britain reinventing itself on the world stage, reacted? It cancelled the Queen’s birthday party at its embassy in Mauritius. Tyrannical regimes and terrorist cells around the world must be trembling in fear. Despots cracking down on human rights and freedom of speech, and illegal traders in arms and drugs, must be watching in horror. Mess with the United Kingdom—upset this diplomatic colossus, Mother Britannia, which once ruled the waves—and there will be no gin and tonic or cucumber sandwiches for any of you.

The Minister has rejoiced in his reputation as deputy Foreign Secretary—I am not sure whether that was ever an official status or just a title bestowed on him by Mr Speaker—and surely, like many of his colleagues, he will be reflecting over the coming weeks on his legacy from his time in office. What a hero he would be if he used the next few weeks to right the historical wrongs that have been perpetrated in the Chagos islands. What a legacy he would leave for the new Prime Minister—he has served under both candidates as their alleged deputy—if the Chagos issue had been resolved and the UK’s diplomatic standing had been picked up from rock bottom.

The Minister could arrange for a little more than £300,000 or so of the £40 million package that was promised to the Chagossian community to be spent. Let us start a genuine programme of facilitation that allows the original generation and their descendants at the very least to visit their ancestral homeland. To date, the management of that fund has been pretty shambolic. It was designed to

“improve the lives of Chagossians in the communities where they now live,”

but can the Minister tell us how much has actually been spent supporting projects here in the UK run by and in the interests of the Chagossian community? I understand that the FCO started a needs analysis to determine how that money could best be used, but that was scrapped, and since then there has been no news about how the Government intend to use the funds. Perhaps he can shed some light on whether that needs analysis will be picked up again or how the Government intend to use the money.

Will the Minister arrange to meet the all-party parliamentary group, perhaps with his colleague Lord Ahmad, to hear these concerns out in more detail and discuss a way forward? Even without acknowledging or complying with the full UN resolution, he could unilaterally reinstate the right of return for the Chagossian community—even a recognition in principle that that right exists would be an important first step. The UK Government’s own feasibility study of resettlement found that it was “practically feasible”, and a UK Government consultation with the community found that 98% of Chagossians are in favour of the right to return.

The Minister could work with his colleagues in the Home Office to ensure that all members of the Chagossian community on these islands are fully recognised as UK citizens should they wish to seek citizenship. He cannot argue on one hand that the Chagos islands are not part of Mauritius but have his Home Office colleagues argue on the other that new generations of Chagossians and their partners and spouses are not entitled to citizenship.

The Minister will be aware that the Select Committee on Home Affairs called on the Government to back the British Indian Ocean Territory (Citizenship) Bill introduced by the hon. Member for Crawley (Henry Smith), which would give all Chagossians the opportunity to register as British nationals. The Foreign Affairs Committee has also called for urgent reforms to citizenship law for people from other overseas territories. At the very least, the Minister should grow his consultation and engagement with the Chagossian community. The Chagos archipelago was and is their homeland and, as the SNP has always held, sovereignty should ultimately lie with the people.

Even if the Minister moves on, this issue is not going away; he or his successor will continue to be held to account. I am afraid that I have not run out of written questions to keep Ministers busy. I still live in hope that the BIOT Administration will take up the permission so proudly granted by Her Majesty’s Treasury for overseas territories to mint their own commemorative £1 coins. There are lots of ongoing issues with the management and development of the marine protected area—not least, perhaps, the fact that the people best able to exercise stewardship of it might just be the communities that lived on the islands for generations.

The scrutiny will not just be here in Parliament or in the UK. The UN resolution finishes with a request to the Secretary-General to submit a report to the 74th session of the General Assembly on the actions of the UK to implement its decision. The choice for the Minister and the UK Government is either to take the bold but obvious step of complying with the UN resolution or to face further embarrassment and isolation on the world stage.

The UK can show that it is serious about the rules-based order and being a soft-power superpower by submitting itself to the conclusions of that rules-based order. It can show that it wants to be a good neighbour and to deal effectively and appropriately with its colonial legacy, or it can continue to promote splendid isolation and British exceptionalism. It can act as if rules are for other people and that might is somehow right, but that is a dangerous path to go down. It weakens and undermines, perhaps fatally, any credibility the UK Government might want in tackling other great international and diplomatic issues of our time. Mother Britannia can no longer get away with waiving the rules. As long as the injustice surrounding the Chagos islands stands out and remains unresolved, it provides an excuse for unco-operative regimes elsewhere in the world to ignore other resolutions of the UN and decisions of the ICJ. The UK and the Minister ought to do better.

I mentioned the solidarity and support that we in the SNP and our friends in Plaid Cymru have always had with the Chagossian cause. I just wonder what message the UK Government’s intransigence on this issue sends to the devolved nations. We were told in 2014 by David Cameron that Scotland should “lead, not leave” the UK. Well, the overwhelming majority of MPs returned from Scotland want the right of return restored to the Chagossian community and want the UK to comply with its international obligations. If we cannot have influence on a matter such as this, what is the point? Would we not be better having our own seat at the top table, with our own vote at the UN General Assembly? Perhaps we should even look at reforming the whole system.

So here we are. Here is the Minister’s opportunity to build his legacy. Let us not hear a rehash of the various written statements and written answers that have emerged from the FCO; let us have genuine engagement and dialogue, stand up for the rules-based international order and finally get the justice that the people of Chagos, and the Chagos islands themselves, deserve.