Vertreibung der Chagossianer durch Großbritannien und die USA

The Diego Garcia depopulation controversy pertains to the expulsion of those inhabitants qualifying as indigenous from the island of Diego Garcia and the other islands of the British Indian Ocean Territory (BIOT), beginning in 1968 and concluding on 27 April 1973 with the evacuation of Peros Banhos atoll. These people were known at the time as the ‘’Ilois’’; today they are known as ‘’Chagos Islanders’’, or ‘’Chagossians’’.

Some Chagossians and human rights advocates have claimed that the Chagossian right of occupation was violated by the British Foreign Office as a result of the 1966 agreement between the UK and US to provide an unpopulated island for a US military base, and that additional compensation and a right of return be provided.

Legal action to claim compensation and the right of abode in the Chagos began in April 1973 when 280 islanders, represented by a Mauritian attorney, petitioned the Government of Mauritius to distribute the £650,000 compensation provided in 1972 by the British government for distribution by the Mauritian Government (it was not distributed until 1977). In October 1974, after receiving no assistance from the Mauritian Government, a Mr. Saminaden and Mr. Michel Vincatassin presented the British High Commissioner to Mauritius with a petition detailing the lack of support the islanders had received from the Mauritian government, noting that 40 islanders had died since arriving on Mauritius, and asking for the UK Government to work on their behalf with the Mauritian Government, or to return the Ilois to the Chagos.

From this initial petitioning grew a series of presentations and lawsuits culminating in the 27 March 1982 agreement among the British Government, the Mauritian Government, and the Islanders (numbering 1,419 adults and 160 minors), which was intended to settle all islander claims for the sum of £4 millions in cash from the British Government and £1 million in land from the Mauritius Government.

Beginning in 1983, a new series of compensation claims were made against the British Government by an Ilois group called the Chagos Refugee Group, located on Mauritius. The founders and officers formed the core of inhabitants who, beginning in 1999, brought three lawsuits to British Courts - in 1999, 2002,, and 2006 - and one to an American Court, all requesting additional compensation and the right of abode in the Chagos. The U.S. case and two of these three British cases were defeated on appeal, the other was not appealed by the British Government.

In 2005, these same litigants filed a brief with the European Court of Human Rights (ECHR), which was brought before that court in 2008 following the final defeat of the final British lawsuit before the House of Lords, and that case remains in litigation as of August 2010.

The British government has consistently denied any illegalities in the expulsion. Even so, various officials (including the Foreign Minister) have apologized to the Chagossians for long-ago wrongdoing, while still disputing that the deportees have a right to be repatriated at this time. On April 1, 2010, the British Cabinet announced the creation of the world’s largest Marine Protected Area (MPA) which consists of most of the Chagos Archipelago, homeland of the Chagossians. The MPA will prohibit extractive industry of all kinds, including commercial fishing and oil and gas exploration. Some Chagossians have claimed that this MPA was created to prevent the islanders from returning to the islands. The UK Government claims that the restrictions of the MPA will be modified pending the decision of the ECHR.

The Chagossians

A photo of the famed Chagossian named Samson, who could husk his weekly quota of coconuts in three days. NOAA Photo from 1968.

Until 1971, the Chagossians, numbering 2,000 individuals, were the original inhabitants of the Chagos Islands, the archipelago containing Diego Garcia. They were originally known as the Ilois, which is Chagossian Creole for 'islanders'. Until their removal began in the late 1960s, the Chagossians lived mainly at subsistence level, keeping goats, chickens, pigs and a few cattle, as well as growing vegetables. Their economy was based on the harvesting of locally-cultivated coconuts into copra and oil, the latter being much prized by the cosmetics industry. At long but regular intervals, a trade ship would arrive from Mauritius to collect the harvests for the owners of the plantations. Diego Garcia had no electricity, no telephone connection, no regular postal service and little interaction with the distant British government (which usually took the form of a yearly visit by the British Governor of Mauritius).

Originally the Chagossians came from Mauritius, the Seychelles and Madagascar. They had settled on the Chagos from the late-18th century (1776), beginning when the islands were French-owned. The Chagos came into British possession at the end of the Napoleonic Wars. Thus, many generations of Chagossians had maintained permanent residence on the Chagos Islands and developed a distinct culture.

Diego Garcia and Mauritian independence

On 12 March 1968, Mauritius gained independence from Britain.

At some stage prior to this date, the United States and the United Kingdom consulted each other on the fate of the islands. The United States wanted "an austere communications facility" in the Indian Ocean and asked Britain for use of any Indian Ocean territory that might be suitable.

This would be under a leasing agreement — British-owned but US-run, as at Ascension Island or Lakenheath.

CIA map of Diego Garcia

The United States government initially asked for the Aldabra Atoll, which had no human inhabitants. However, it was found to be home to the rare Aldabra tortoise. There are around 100,000 of these creatures on the islands which, due to their isolation, form a natural 'niche'. The wildlife lobby ensured that the US plans for Aldabra were dropped.

Diego Garcia is the largest of the Chagos Islands. At fourteen miles by four, it is large enough to build a number of full-length runways. The island is also horseshoe-shaped, making it a natural harbour capable of containing a large US Naval fleet. To the Cabinet of Harold Wilson, Diego Garcia seemed a natural second choice for the US government, who wished the island to be unpopulated for security reasons.

However, this was considered a problem insofar as it may have been contrary to international law to separate Diego Garcia and retain it after Mauritian independence. The second problem facing the British was that, under principles of self-determination expressed by Article 73 of the UN Charter, it is stated that "the interests of the inhabitants of a territory are paramount" in determining its future.

British purchase of the Chagos

The problem of Mauritian sovereignty over the Chagos archipelago was circumvented at a 1965 London conference prior to the independence of Mauritius. Mauritian Prime Minister Seewoosagur Ramgoolam was persuaded to sell the Chagos to Britain for the price of £3 million (1967 rate). Ramgoolam was later awarded a knighthood in the 1965 New Year's Honours List, and it is speculatedVorlage:Who that this may have been a form of reward for the sale.

Through the sale the Chagos and a handful of other Indian Ocean islands (including tortoise-rich Aldabra and neighbouring Agalega) became a new British overseas territory — the British Indian Ocean Territory.

In 1966, with the ownership of the Chagos secured, Great Britain and the United States executed an "exchange of notes" making the island of Diego Garcia available for the defence needs of both countries for the next 50 years.

Depopulation

In early March 1967, the British Commissioner declared BIOT Ordinance Number Two. This unilateral proclamation was called the Acquisition of Land for Public Purposes (Private Treaty) Ordinance and enabled him to acquire any land he liked (for the UK government). On 3 April of that year, under the provisions of the order, the British government bought all the plantations of the Chagos archipelago for £660,000 from the Chagos Agalega Company. It has been suggested that the plan was to deprive the Chagossians of an income and so encourage them to leave the island voluntarily. In a memo dating from this period, Colonial Office head Denis Greenhill (later Lord Greenhill of Harrow) wrote to the British Delegation at the UNVorlage:Citation needed:

The object of the exercise is to get some rocks which will remain ours; there will be no indigenous population except seagulls who have not yet got a committee. Unfortunately, along with the seagulls go some few Tarzans and Man Fridays that are hopefully being wished on Mauritius.

Another internal Colonial Office memo readVorlage:Citation needed:

The Colonial Office is at present considering the line to be taken in dealing with the existing inhabitants of the British Indian Ocean Territory (BIOT). They wish to avoid using the phrase 'permanent inhabitants' in relation to any of the islands in the territory because to recognise that there are any permanent inhabitants will imply that there is a population whose democratic rights will have to be safeguarded and which will therefore be deemed by the UN to come within its purlieu. The solution proposed is to issue them with documents making it clear that they are 'belongers' of Mauritius and the Seychelles and only temporary residents of BIOT. This devise, [sic] although rather transparent, would at least give us a defensible position to take up at the UN.

Advocates of the Chagossians (see links below) claim that the number of Chagossian residents on Diego Garcia was deliberately under-counted in order to play down the scale of the proposed depopulation. Three years before the depopulation plan was concocted, the British Governor of Mauritius, Sir Robert Scott, is said to have estimated the permanent population of Diego Garcia at 1,700. In a BIOT report made in June 1968, the British government estimated that only 354 Chagossians were third generation 'belongers' on the islands. This number subsequently fell in further reports.

Later that year, the British government asked for help from the legal department of their own Foreign and Commonwealth Office (FCO) in creating a legal basis for depopulating the islands. The first paragraph of the FCO's reply readVorlage:Citation needed:

The purpose of the Immigration Ordinance is to maintain the fiction that the inhabitants of the Chagos are not a permanent or semi-permanent population. The Ordinance would be published in the BIOT gazette which has only very limited circulation. Publicity will therefore be minimal.

The government is therefore often accused of deciding to clear all the islanders by denying they ever belonged on Diego Garcia in the first place and then removing them. This was to be done by issuing an ordinance that the island be cleared of all non-inhabitants. The legal obligation to announce the decision was fulfilled by publishing the notice in a small-circulation gazette not generally read outside of FCO staff.

For many years, family groups of Chagossians had made trips to the Mauritian mainland on the periodic steamers that collected the copra from Diego Garcia. There they would spend the money they had earned in the townships, and experience something of modern life. When they had tired of this, they would simply get on the next steamer home - even though this might mean a wait on Mauritius of several months.

Starting in March 1969, Chagossians visiting Mauritius found that they were no longer allowed to get on the steamer home.Vorlage:Citation needed They were told their contracts to work on Diego Garcia had expired. This left them homeless, jobless and without means of support. It also prevented word from reaching the rest of the Diego Garcia population. Relatives who travelled to Mauritius to seek their missing family members also found themselves unable to return.

'A Memorandum of Guidance' (1970)

In 1970, British MP Tam Dalyell heard about what was happening to the Chagossians and gave notice that he intended to ask a number of questions in Parliament. Within days of Dalyell's notification, Eleanor Emery, head of the Indian Ocean Department at the FCO, drafted a 'memorandum of guidance' for internal circulation. The reason for the memorandum, she stated, was 'a recent revival of public interest in the British Indian Ocean Territory'.

She then stated:Vorlage:Citation needed

We shall continue to try to say as little as possible to avoid embarrassing the United States administration.

Apart from our overall strategic and defence interests, we are also concerned at present not to have to elaborate on the administrative implications for the present population of Diego Garcia of the establishment of any base there.

We would not wish it to become general knowledge that some of the inhabitants have lived on Diego Garcia for several generations and could, therefore, be regarded as 'belongers'.

We shall advise ministers in handling supplementary questions to say that there is only a small number of contract workers from the Seychelles and Mauritius, engaged to work on the copra plantations.

Should an MP ask about what would happen to these contract labourers in the event of a base being set up on the island, we hope that, for the present, this can be brushed aside as a hypothetical question at least until any decision to go ahead with the Diego Garcia facility becomes public.

US personnel arrive

The Chagossians help United States personnel bring equipment ashore (1971)

On 23 January 1971 a nine-man advance party from the US Naval Mobile Construction Battalion 40 (NMCB-40) landed on Diego Garcia to confirm planning information and conduct a survey for beach landing areas.

At 5pm (local time) on 9 March 1971 the USS Vernon County arrived at Diego Garcia. The next day, she began underwater and beach surveys in preparation for beaching. Two days after that, the ship beached and began offloading men and construction equipment for construction of a US Navy base on Diego Garcia.

Construction continued for the remainder of the summer, with the completion (28 July 1971) of the first runway on the island (3,500 feet in length).

The last Chagossians are removed

In March 1971, a BIOT civil servant travelled from Mauritius to tell the Chagossians that they were to leave. A memorandum related thatVorlage:Citation needed:

I told the inhabitants that we intended to close the island in July. A few of them asked whether they could receive some compensation for leaving 'their own country.' I kicked this into touch by saying that our intention was to cause as little disruption to their lives as possible.

Some weeks later, the remaining Chagossians began packing their belongings and nailing shut their houses. They were shipped to Mauritius by the U.S. Navy as they became ready. On 15 October 1971, the few remaining Chagossians held a last Mass in the island's one church.

Later that day, the last of the Chagossians and their families were shipped out on the MV Nordvaer. They arrived at Mauritius and were left at Port Louis.

International law

The case has not been heard by any international court of law. No right of petition exists "in right of" the British Indian Ocean Territory to either the European Court of Human Rights or the UN Human Rights Committee.

According to Article 7(d) of the Rome Statute of the International Criminal Court which established the International Criminal Court (ICC), "deportation or forcible transfer of population" constitutes a crime against humanity if it is "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack". The ICC is not retroactive: alleged crimes committed before 1 July 2002 cannot be judged by the ICC.

Compensation

The British Government had allocated £650,000 "in full and final settlement of HMG's obligations" towards its dispossessed citizens - slightly less than £3000 per head.Vorlage:Citation needed This money went to the Mauritian government to defray the costs of resettling the Chagossians. The Mauritian government, however, did not recognise it had a duty to resettle the Chagossians.Vorlage:Citation needed

Protests

The Chagossians had been left homeless in an island where unemployment already stood at 20 percent. Moreover, their trade was copra farming which was not translatable to the local economy as Mauritius's chief crop was sugar cane. The Chagossians also spoke a patois unique to Diego Garcia, meaning it would be difficult to integrate with Mauritians.

A few of the literate exiles put together a petition that they presented to the British High Commissioner, asking for a house and a plot of land for each family, so that they could support themselves. The Commissioner immediately delivered this petition to the Mauritian Government.

Mauritian opposition party the Mouvement Militant Mauricien (MMM) began to question the validity under international law of the purchase of the Chagos and the removal of the Chagossians.

Passenger terminal at Diego Garcia airport, with functioning red British telephone booth

In 1975, David Ottaway of the Washington Post wrote and published an article entitled: "Islanders Were Evicted for U.S. Base" which related the plight of the Chagossians in detail.

This prompted two U.S. Congressional committees to look into the matter. They were told that the 'entire subject of Diego Garcia is considered classified'.

In November 1975, the Sunday Times published an article entitled The islanders that Britain sold.

That year, a Methodist preacher from Kent, Mr George Champion, began a one-man picket of the FCO, with a placard reading simply: 'DIEGO GARCIA'. This continued until his death in 1982.

In 1976, the government of the Seychelles took the British government to court. The Aldabra, Desroches and Farquhar Islands were returned to the Seychelles and the United States cancelled its 60-year lease of the islands from Britain.

US Navy radome on Diego Garcia

In 1978, at Bain Des Dames in Port Louis, six Chagossian women went on hunger strike and there were demonstrations in the streets (mainly organised by the MMM) over Diego Garcia. In 1979, a Mauritian Committee asked Mr. Vencatassen’s lawyer to negotiate more compensation. In response to this, the British Government offered £1.25m to the surviving Chagossians on the express condition that Vencatassen withdraw his case and that all Chagossians sign a "full and final" document renouncing any right of return to the island. Some of the Chagossians did indeed sign. The document also contained provisions for those that could not write, by allowing the impression of an inked thumbprint to ratify the document.

However, some illiterate islanders claim that they were tricked into signing the documents and that they would never have signed sincerely had they known the outcome of their signatures.

Recent developments (since 2000)

The headquarters of BIOT police (2005)

In 2000 the British High Court granted the islanders the right to return to the Archipelago. In 2002 the islanders and their descendants, now numbering 4,500, returned to court claiming compensation, after what they said were two years of delays by the British Foreign Office.

However, on 10 June 2004 the British government made two Orders-in-Council under the Royal Prerogative forever banning the islanders from returning home, to override the effect of the 2000 court decision. Some of the Chagossians are making return plans to turn Diego Garcia into a sugarcane and fishing enterprise as soon as the defence agreement expires (some see this as early as 2016). A few dozen other Chagossians are still fighting to be housed in the UK.

On 11 May 2006 the British High Court ruled that the 2004 Orders-in-Council were unlawful, and consequently that the Chagossians were entitled to return to the Chagos Archipelago. An action in the United States District Court for the District of Columbia against Robert McNamara, the former United States Secretary of Defense, was dismissed as a nonjusticiable political question.

On 23 May 2007, the UK Government's appeal against the 2006 High Court ruling was dismissed, and they took the matter to the House of Lords. On 22 October 2008, the UK Government won on appeal, the House of Lords overturned the 2006 High Court ruling and uphold the two 2004 Orders-in-Council and with them the Government's ban on anyone returning.

External links

• Archive of "Let Them Return", The Chagos People's Homeland Campaign
• Chagossian protestor site
• UK Chagos support
• http://www.counterpunch.org/pilger10062004.html
• http://www.granta.com/Magazine/73
• http://www.lalitmauritius.com/deigohowdiego.htm
• http://news.bbc.co.uk/1/low/uk_politics/1005064.stm
• http://www.guardian.co.uk/politics/2004/oct/02/foreignpolicy.comment Paradise cleansed, an article by John Pilger, October 2, 2004. See also Pilger, John, Freedom Next Time http://www.amazon.co.uk/Freedom-Next-Time-John-Pilger/dp/0552773328 / http://www.booksattransworld.co.uk/catalog/book.htm?command=Search&db=twmain.txt&eqisbndata=0593055527
• Stealing a Nation, a 2004 documentary by John Pilger (at Google Video)
• A Return from Exile in Sight? The Chagossians and their Struggle, from the Northwestern Journal of International Human Rights
• http://web.archive.org/web/20051023230212/http://www.lalitmauritius.com/kronoloziprufrid.htm Chagos Archipelagos timeline (October 2005 archive)