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No way home

This week the law lords denied Chagossians their right of the return. Sean Carey joined islanders at the verdict.

On Wednesday around 30 Chagossians converged on parliament, to hear the law lords deliver their verdict on the government appeal against their right to return.

They had lived in the islands of the Chagos archipelago until the British authorities removed from their homes more than four decades ago, transporting them to Mauritius and the Seychelles in order to make way for the important US military base on the island of Diego Garcia.

Sabrina Jean, 35, a Chagossian, attended the hearing. In 2006, she moved from the Mauritian capital, Port Louis, and joined a community of 100 Chagossians in Crawley near Gatwick airport. She came to the UK in search of a better life for herself and her three children, after the islanders were given British citizenship. "Life in Mauritius has become very difficult especially for poor people," she says.

Would she return to the Chagos Islands if allowed? "Of course. My father was born in Peros Banhos and Chagos is our motherland. We would have a better life there - we would live on our beautiful islands and have our culture back. Crawley is not my home."

"I'm very confident" we will win the case, she says with a big smile.

Collins Modliar, 38, works as a docker for the Mauritius Cargo Handling Corporation in Port Louis. His grandfather and grandmother were born on Peros Banhos and Salomon Island respectively. "I am hoping that justice will be done," he says. "In fact, I'm sure it will be done."

He too wants to go and live in Chagos. "I want to live in the land of my grandparents. My people had a good life there. They didn't wish for anything - they had good health too." He adds: "Everyone wants to live in their own motherland."

Olivier Bancoult, leader of the Chagos Refugee Group, and his lawyer Richard Gifford appear an hour after the verdict. Bancoult's body language is telling. Unlike previous occasions, following victories in the High Court and Court of Appeal, there is no smile or clenched fist. The law lords have given a three-to-two majority decision against the islanders’ right of return.

As the news spreads around the hall, most of the islanders looked shell-shocked. Neither they, nor their supporters, had expected the government's appeal to be upheld.

"I'm very sad and disappointed that the Law Lords have not allowed the islanders the freedom to return home," says David Snoxell, the former British High Commissioner to Mauritius and a strident advocate of the islanders’ cause since his retirement.

At a press conference in the House of Commons, Bancoult appears devastated, but tries to stay upbeat. "It is a sad day for the Chagossians but our people will not give up,” he says. “It says in Magna Carta that everyone has a right to live in their birthplace. I ask everyone to continue to support us."

"You will never walk alone!" shouts someone from the back as others respond with a weak cheer.

The ruling has upset Sabrina and Collins. "I'm very, very sad about this judgement," says Sabrina. "But we will continue to fight the British government. We want to get back to our islands. I don't think I can say much more right now." She is clearly in shock.

Collins is inconsolable. “How come we failed in the appeal?" he says shaking his head in disbelief. There are tears in his eyes. "I don't understand it. It is an injustice. We will have to think about what we do next when we go back to Port Louis on Monday."

Meanwhile, foreign secretary David Miliband has released a statement welcoming the law lords ruling, but noting "the government's regret at the way the resettlement of the Chagossians was carried out in the 1960s and 1970s and at the hardship that followed for some of them."

"We do not seek to justify those actions and do not seek to excuse the conduct of an earlier generation. But the courts have previously ruled that fair compensation has been paid and that the UK has no legal obligation to pay any further compensation," he said.

The Chagossians now have little option but to continue their fight in the European Court of Human Rights.

Dr Sean Carey is Research Fellow at CRONEM, Roehampton University.

Tags: Chagos

9 comments

jokimblin's picture

absolute disgrace - when will this be put right? the apology for slavery made by Blair is laughable.
To see these people wrapped up in winter clothes, when they should be in their own climate is so cruel. Cannot this wrong be corrected?

Bob Miller's picture

As an American I am truly embarrassed by my Government.
It is hard to believe that they would not step in and return these people to one of the Chagos islands. When I was on Diego in the late 70s you could still see how these people were removed with little regard. The homes where still intact, one day they were living a wonderful life and the next day taken away. It was a horrible feeling standing where they once lived, knowing they were removed for the war machine.

The U.S. Government has spent billions of dollars on this base and billions more on bombs dropped on Afghanistan and Iraq from this base.
With Trillions being spent on a useless war, why the U.S. does not put in the needed housing with water and sewage plants on one of the other islands, the way they did on Diego is beyond me.

We can only hope that one day the Law-Lords and Bush can feel the pain that these peaceful loving people have felt.

Sorry to say U.K. but your Government is as screwed-up as ours.

sweety's picture

This political judgment by the House of "Law" Lords is in straight defiance of international human rights law and will be corrected sooner or later... just wait

I did not realize these cases were so clear cut, if it that easy to judge,it seems anybody can be a judge of these complex international cases. To paraphrase Naipaul, "we would have a million munities now"! The British Government is not like the Indian State of Orissa where the local communist government bought the land for motorways , off its own communist voters! When these voters tried to get the land back their own elected government beat them with four foot sticks with metal tips, the infamous Indian lathis. These people were actually given the equivalent of giving Joe Smith, 150,000 pounds to set up a snack shop in Solihull. THe BBC actually erases of its digital Nagras the sordid descriptions of these people uttered by the local indians and chinese
!

Petite Anglaise's picture

Britain and America: despicable nations to end all despicability. May there be a plague on their Lordships.

Progressive Sikh's picture

By and large the Lords is a racist chamber.So no surprise at their decision.And to Cybertiger:They are already sick.This whole damn system stinks with sickness.

Vulpecula's picture

I feel so ashamed of my adopted country.

lavinia moore's picture

This is unbelievably cruel. These islands belong to these people, not to the UK. And they particularly do not belong to the USA. And they very particularly ought never to have been given over to the USA for military purposes.
And as for Milliband's comments that the UK has no legal obligation to these people! I am gob-smacked!
The UK owes everything to these people.
Th really sad thing is that the "might is right " philosophy still prevails, despite historical evidence including that of our recent past which says that bullying powers in the end have to wear the sins of their past actions, including those of their fathers' pasts.
These people ought to be able to return to their land, AND make decisions about whether or not they wish the Americans to stay, and under what terms.
In doing so they shopuld bear Guantanamo in mind. especially the trickery that allows the USA to remain there and "pollute" that land with their crimes against humanity.
They should remember Palestine and how the land of the Palestinians is still being denied them.
And remember tibet.
Freedom and liberty are never given back by those who have stolen them. they must be fought for. Go to the European court and the ICC. There are so many of us who back you in your fight.
All of these crimes against humanity are sores on the face of our planet and one day we will have to be held to account for them.
Good luck!
Lavinia Moore

restiverelic1's picture

That they are poor, is undeniable. That they or their families before them once found employment on copra plantations established on those previously uninhabited islands by colonial era entrepreneurs is also true. That return there is the best shot that the vast majority of them will ever have at a life above the poverty line is highly debatable. If they were simply dumped back on those islands without outside subsidy, they would live a tenuous existance subject to the whims of the fates and any passing cyclone (hurricane). The highest elevation on Diego Garcia is less than ten meters above sea level. They or their small band of forebearers lived in a miserable state of quasi-serdom during their time on the islands, totally dependent upon the supply boats that took away the product of the plantations for the means to survive for any appreciable period of time. Has any one of them ever shown any evidence that they owned, or even more unlikely still own, a square inch of land on those islands? That their domicle on those islands in habitations provided by those colonial owners may have continued for decades is also uncontested. But, when the plantations shut down - and they did shut down - their source of income disappeared. They were returned to their most plausible point of origin, or to their choice of Mauritius or Seychelles, as nearly as that could be determined at the time. On several occasions they and/or their descendents were given funds to assist their establishment of themselves in those new locations. If they failed to find prosperity, that is not necessarily the fault of their ancestors who first went to the islands, or even anyone who may have forced those original workers to labor on the plantations. My peasant ancestors were forced to leave Germany during the 30 Years War and re-establish themselves in the New World as indentured servants. Shit happens. There isn't much point in my suing the reigning Pope, or Martin Luther's estate.

member of the International Commission of Jurists's picture

This political judgment by the House of "Law" Lords is in straight defiance of international human rights law and will be corrected sooner or later... just wait.

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