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INTRODUCTION
The main aim of this essay is to provide an insight on the topic “should the Chagos Island be a marine reserve or should they be resettled”? I particularly intend to answer this stimulating topic by providing the study, research work and opinions of various researchers and analyst regarding this topic.
During the period of 1968 to 1973, the entire Chagos archipelago was evacuated by the British government to form a US military base at Diego Garcia, one of the biggest islands of Chagos. The document for leasing needs to be renewed in 2016.currently, the major and highly significant dispute is between the Should Chagos island be a marine reserve British government and the inhabitants of Chagos (which are commonly known as Chagossians) regarding their right to return and resettlement on the Chagos Island.
From 1998 to 2009, a case was filed by the Chagossians’ lawyer in the British courts regarding their right to return. These efforts of Chagossians yielded nothing and the results were in favor of the British government. Should Chagos island be a marine reserve In 2009, the European human rights team decided to resume this case but there were no significant results and it is held pending by the British court.
On April 1, 2010 the British government declared chagos island a marine protection area (MPA).a marine protection area is an area in which commercial fishing is banned. This decision of British government was criticized by the Mauritius government and Mauritius government filed a complaint to the international tribunal on the law of the sea, Should Chagos island be a marine reserve persuading the incompatibility of MPA with United Nations convention.
The status of the complaint is still incomplete and will remain so for many upcoming years. The liberal democrats and conservative claimed that they would change the British policy regarding the MPA of chagos islands but no visible efforts have been seen.
A team is being sent by the UK government to the Chagos Island to check the feasibility and practicality of living at the Chagos Island, which was evacuated 40 years ago by the British government to form a US military base. The independent analysts are instructed to determine and analyze the issues and complications involved in the establishment of various communities and colonies on the outer part of island as well as Diego Garcia.
BACKGROUND
Chagos archipelago comprises of 60 tropical islands which are in the center of India’s ocean. During 1965 the UK government separated the Chagos Island from Mauritius through councils order. The purpose of separation of Chagos Island from Mauritius was to create a new colony to carry out defense operation. This colony is now known as “British Indian ocean territory (BIOT)”. The amount of $4.2 million was given to Mauritius for providing the Chagos Island. Moreover an undertaking was also signed in the presence of order in council which assured that the islands will be returned to Mauritius, once they are of no use for defense purposes.
During the period of 1968 to 1973, the entire chagos archipelago was evacuated by the British government to form a US military base at Diego Garcia, one of the biggest islands of chagos. Diego Garcia was leased to US government for a period of fifty years by the UK government under exchange of note in 1966[1]. According to this, the leasing will continue for 20 more years after 2016 unless a termination notice is provided by any of the two parties before 2014[2].
In 1971, an immigration ordinance was passed due to which it was illegal for any individual to live in BIOT without authorization. Due to this very reason, civilian were removed from the islands and were not allowed to return. Many campaigners proclaim that chagossians were not even told that they are not allowed to return and they are leaving on permanent basis[3].
For settlement of chagossians in Mauritius an amount of 650,000 GBP was provided by the UK government to Mauritius government in 1970’s.the major issue that arises from the events of early 1960’s is between the UK government and chagossians regarding their right to return. The government of Mauritius has claimed that BIOT was illegally separated from mauritus.uk has rejected all claims by the Mauritius government and has signed an undertaking which involves surrendering of chagos islands to Mauritius, once they are of no use for defense purposes. Moreover, the Mauritius government is also now supporting the chagossians on the issue of return and resettlement on island.
SHOULD THE CHAGOS ISLANDS BE A MARINE RESERVE OR SHOULD THEY BE RESETTLED?
It was in 1997 when the Chagossians decided to fight for their homeland and for their right to return. Several legal actions were taken by the Chagossians but there were no visible outcomes. The major dispute which has turned into a burning issue is between the Chagossians and the British government regarding their right to return.
The aim of this research paper is to provide an insight and a clear answer to the question that whether chagos islands should be a marine reserve or it should be resettled.
From the history stated above it is undoubtedly visible that the eviction of chagossians was a result of confusion and chagossians were not even aware of the reality that they are leaving permanently. The UK government began the eviction process by starving the chagossians. The basic food items that include milk, sugar, salt etc. were stopped supplying. The chagossians were further told that the islands will be bombed in case they don’t leave. Further, in 1971 orders were passed by the US government to kill all the pets on the islands.
The pets were gassed and the chagos islanders were told that they will be treated in the same manner if they will not leave. All the remaining chagossians were then placed on a ship named Nordvaer and were allowed to carry only one bag. Marie Lisette talate, a chagossians said:
“The animals that were on the Nordvaer was us “chagossians””.
This was how the chagossians were evicted from their homeland. Is this not injustice, unethical? Taking away someone’s home is itself wrong on moral grounds but treating them like animals is above wrong and demands true justice. The justice for chagossians would be that they are allowed to return to their homeland where they can have a peaceful life.
Apart from that, history also shows that the chagossians were not equally compensated for leaving their homeland. The research and study further shows that, earlier chagossians were promised to be given a British citizenship but later on they were deprived from these rights too. Under such circumstances believe that chagos island should be resettled rather than becoming a marine reserve. Several legal actions and cases have been filed by the chagossians in the order of council and European courts. Neither of these legal actions turned into a victory, but the only consolation was that, the chagossians were allowed to resettle in the islands of Peros Banhos and Salomon.
It was in 2009 when the British government started exploration of a marine protected area (MPA) around BIOT. A marine protected area s an area in which commercial fishing is banned. There was a discussion process which started in November 2009 and ended in March 2010[4].in the discussion Mauritius government strictly opposed the establishment of ma in the chagos islands.
Despite of the refusal from Mauritius government for making BIOT a marine protected area (MPA), the British government declared chagos island on 1st April. The foreign secretary David Miliband said:
“I have instructed the commissioner of BIOT to declare Chagos Island as a marine protected area. With the declaration of BIOT as MPA, the area of the world’s ocean which is under protection gets doubled. This step of the UK government also proves that the UK government really cares about the international environment”.
Olivier Bancoult, one of the Chagossians was extremely shocked over the decision of the British government and claimed that the British government didn’t even bother to show the proposal to Chagossians. He further said
“This act by the British government shows their real face which proves the fact that they have no respect for others ideas or opinions.
At the first stage, no details were provided regarding the conservation zone. The only detail revealed to the chagossians was that BIOT would be a “no-take’ area and would be banned for fishing. Fishing which was the main source of livelihood for the chagossians was now banned. It was clearly visible that if the chagossians are even allowed to return, it would be definitely impossible for them to live on islands.
The lawyers of Olivier Bancoult in august 2010 asked to reverse the decision of FCO to declare BIOT as MPA. The reason provided for these proceedings was insufficient consultation from public and ignorance of the resettlement issue. After July 2011, the chagos islanders who were supporting the chagossians return proposed that the chagossians who are willing to return can establish an eco -village on the island and can act as environment guards for the chagos islands[5].
[1] Ivan Lewis, Minister of State in the FCO, clarified in a Westminster Hall debate in March 2010 that the Exchange of Notes made the entire Archipelago available for the defence purposes of both the British and US Governments. See: HC Deb 10 March 2010 c88WH
[2] HC Deb, 12 January 2009, c357W. The previous British Government stated that it expected that a decision about post-2016 arrangements would be taken in 2014. See: HC Deb 10 March 2010 c86WH
[3] John Madeley, Diego Garcia: A contrast to the Falklands, Minority Rights Group, London, 1985
[4] For the full text of the April 2010 report on the results of the consultation process, see: http://www.fco.gov.uk/resources/en/pdf/3052790/2010/marine-life-apr-2010
[5] “Letter from David Snoxell”, Guardian, 23 May 2011…
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