A world-leading human rights body has backed the rights of Chagossians to remain on the Chagos Islands in an ironic opposition to Prime Minister Sir Keir Starmer – a former human rights lawyer.
Human Rights Watch has now been granted permission to submit written representations ahead of a major Court of Appeal hearing due to begin on July 15.
Over two days, judges will hear an appeal brought by the Government, seeking to overturn earlier court decisions that allowed six Chagossians to remain living on land within the archipelago, after being removed from the territory during the 1960s and 1970s.
The case comes amid wider controversy surrounding the future of the British Indian Ocean Territory, with the Government’s agreement to transfer sovereignty of the islands to Mauritius.
According to the claimants’ legal team, Human Rights Watch intends to support arguments that the original judge’s decision was correct and that changing circumstances should allow Chagossian resettlement to continue, Facts4EU reports.
Misley Mandarin, Interim First Minister of the Chagos Islands Government-in-Exile, said: “I am delighted that Human Rights Watch has decided to support our claims.
“For generations, Chagossians have fought for the right to return to our homeland. Many of our elders passed away without ever seeing these islands again.
“Today, some of us are finally living once more on the land of our ancestors. Yet despite this, the Labour Government is seeking to remove us through the courts.
“The support of Human Rights Watch sends a powerful message that this case is about more than legal arguments. It is about human rights, justice and the right of a people to live on their own homeland.”
The claimants’ legal team has raised questions about a separate visit to the islands by campaigners supporting Mauritian sovereignty in February 2022.
Mauritian campaigner Olivier Bancoult and international lawyer Philippe Sands KC accompanied settlers to the islands, erecting a flagpole, singing the Mauritian national anthem and discussing the future of the territory.
The human rights org are asking whether permits were issued for the visit, whether British authorities were aware of it, and how officials treated the expedition.
At the time the questions were raised, no public response had been issued by the Government, despite Philippe Sands KC, who was involved in the trip, being a public friend of Sir Keir for decades.
Claire Bullivant, Chief Executive of the Great British Political Action Committee, said the support of Human Rights Watch was a ” hugely significant development”, as one of the world’s most respected human rights organisations.
She added: “The fundamental question remains the same. Why is the Labour Government so determined to remove Chagossians from islands their families once called home, while refusing to answer legitimate questions about how others were treated when they visited the territory?
“For decades, Chagossians have fought to return to their homeland. Now, after finally securing a hard-won victory in court, the Government is once again seeking to remove them.
“If ministers are asking the courts to enforce rules against Chagossians, the public has a right to know whether those same rules were applied consistently in other cases.
“Transparency and equal treatment under the law are not optional; they are fundamental principles of justice.”
When Sir Keir Starmer’s Government signed an agreement in May last year to transfer sovereignty of the Chagos Islands to Mauritius, it was met with fierce backlash, with the UK having to pay vast sums of taxpayers’ money.
The deal also meant both the UK and US would continue operating the important Diego Garcia military base under a long-term lease arrangement.
All the while, critics argue that decisions about the future of the islands should not be made without the consent of the Chagossian people themselves, also raising concerns about the potential implications of relinquishing sovereignty over territory housing a key military site.
The yet to be implemented agreement, was negotiated under Sir Keir Starmer’s premiership, but now falls to his successor’s administration.
Additionally, questions remain over the role of the US, as reports indicate final US approval of the deal is not likely to be granted.
Lord John Redwood said: “Please Government, allow the Chagossians to return to their islands. Give up the idea of surrendering our crucial joint base with the US to Mauritius and giving them so much money. Do not break international law by tearing up our US/UK Treaty.”
