Identifier
Created
Classification
Origin
06LONDON3980
2006-06-06 09:30:00
CONFIDENTIAL
Embassy London
Cable title:  

HMG SET TO APPEAL HIGH COURT RULING PERMITTING

Tags:  MARR PREL MP UK IO 
pdf how-to read a cable
VZCZCXYZ0001
PP RUEHWEB

DE RUEHLO #3980/01 1570930
ZNY CCCCC ZZH
P 060930Z JUN 06
FM AMEMBASSY LONDON
TO RUEHC/SECSTATE WASHDC PRIORITY 5957
INFO RUEHPL/AMEMBASSY PORT LOUIS PRIORITY 0094
RUEKJCS/SECDEF WASHDC PRIORITY
RHMFIUU/HQ USPACOM HONOLULU HI PRIORITY
RUEKJCS/JCS WASHDC PRIORITY
RUVNSAO/NAVSUPPFAC DIEGO GARCIA IO PRIORITY
C O N F I D E N T I A L LONDON 003980 

SIPDIS

SIPDIS

FOR AF/E, EUR/UBI, AND PM/ISO

E.O. 12958: DECL: 06/01/2016
TAGS: MARR PREL MP UK IO
SUBJECT: HMG SET TO APPEAL HIGH COURT RULING PERMITTING
RESETTLEMENT OF THE CHAGOS ISLANDS

REF: A. 11 MAY 2006 LONDON DAILY REPORT


B. PORT LOUIS 271

C. PORT LOUIS 288

Classified By: Ambassador Robert H. Tuttle, reasons 1.4, b/d.

C O N F I D E N T I A L LONDON 003980

SIPDIS

SIPDIS

FOR AF/E, EUR/UBI, AND PM/ISO

E.O. 12958: DECL: 06/01/2016
TAGS: MARR PREL MP UK IO
SUBJECT: HMG SET TO APPEAL HIGH COURT RULING PERMITTING
RESETTLEMENT OF THE CHAGOS ISLANDS

REF: A. 11 MAY 2006 LONDON DAILY REPORT


B. PORT LOUIS 271

C. PORT LOUIS 288

Classified By: Ambassador Robert H. Tuttle, reasons 1.4, b/d.


1. (C) Summary: The UK High Court May 11 overturned the 2004
Orders in Council which barred the Chagossian Islanders from
resettling the islands around Diego Garcia from which they
were forcibly removed in the 1960s when the U.S. sought to
establish the Naval Support Facility there. HMG has
confirmed to us but not announced that it will appeal the
decision based on economics and the security of the military
base. The Mauritian High Commissioner in London submitted a
request to the Ambassador May 11 that the USG enter into
trilateral discussions with the UK and Mauritius to return
sovereignty of the islands to Mauritius at some point in the
future. FCO believes such a discussion is particularly ill
timed, as the Chagossians are likely to strongly object to
the UK bargaining away their islands after the court has
firmly sided with them. The Mauritians may be pushing the
issue now because they fear the Chagossians will prefer to
resettle the islands as British subjects and object to
Mauritian sovereignty claims. End Summary.

Chagossians Win Court Case; HMG Vows to Fight On
-------------- ---


2. (C) Per refs a-c, the UK High Court ruled May 11 that
families forcibly removed from the Chagos Islands by the
British Government some three decades ago when the U.S.
established a naval base on Diego Garcia have the right to
resettle the Chagos Archipelago, to which Diego Garcia
belongs. (Note: They are NOT requesting to resettle on Diego
Garcia itself. End note.) This is the latest in a series of
hearings/verdicts since 2000 when the High Court ruled that
the expulsion of the Chagossians was illegal and the 2004
Orders in Council, known as the Royal Prerogative, which then
blocked Chagossian resettlement of the outer islands. HMG
had justified the Orders in Council on the grounds that
resettlement would be prohibitively expensive for such a

small group of people and on national security grounds.
(Note: The USG had noted to HMG at the case's outset that the
outer islands should not be resettled due to concerns that
security around Diego Garcia would be difficult to ensure if
resident populations were nearby. End note.) The May 11
ruling overturns the Orders in Council. FCO tells us it had
expected to lose this case, as it was apparently quite
obvious during the hearings that the two judges were biased
in favor of the Chagossians. The ruling grants the right of
appeal, however, and the FCO assures us it will do so by the
filing deadline of June 8. FCO's lawyer told us the case
"will go on for years."


3. (C) There is ongoing activity on the Chagossians' behalf.
On May 10, a lawyer for the Chagossians sent an open letter
to PM Blair (emailed to EUR/UBI) asking him to reverse HMG
policy on resettlement because it would not be that expensive
and a settlement 100 miles from Diego Garcia could not be any
more of a security threat than yachts which are allowed
innocent passage three miles from the naval base. He says,
"I believe there are times when the Prime Minister has a duty
to stand up for what is right, even if it means confronting a
demanding friend." (Note: FCO tells us their initial
estimate of resettlement costs is in the range of 50 million
pounds. End note.)

Mauritian Proposal to Secure Sovereignty of the Chagos
-------------- --------------


4. (C) The Mauritian High Commissioner wasted no time in
requesting a courtesy call on the Ambassador. During that
meeting May 12, he proposed trilateral talks between the
U.S., UK, and Mauritius on the future status of the
archipelago. The HiCom said his government was flexible on
the options and could even consider an indefinite commitment
to return sovereignty of the islands once the U.S. military
no longer needed Diego Garcia. He added that Mauritian PM
Ramgoolam would be visiting London soon, and this issue would
feature prominently. The Ambassador said he would relay this
proposal to Washington.


5. (C) Subsequently we have confirmed that the Mauritians
have approached the FCO (again) with a proposal for
"trilateral" discussions that include the Chagossians. In
the past HMG has verbally committed to returning the islands

to Mauritius when they are no longer needed for defense
purposes, but FCO assesses that the Mauritians would like
something more formal.

Potential Division of Mauritian and Chagossian Interests
-------------- --------------


6. (C) We understand from Embassy Port Louis the GOM may be
re-energizing its sovereignty claim because resettlement of
the outer islands as a British Overseas Territories could
undercut this claim. FCO contacts opine that Mauritius is
primarily interested in the fishing rights of the territorial
waters. The Chagossians, however, apparently prefer to
resettle the islands as British subjects (thus at the expense
of HM Treasury) than as part of Mauritius, which has done
little to alleviate their poverty since their arrival there.
If successfully resettled as British subjects, the
Chagossians are likely to oppose Mauritius' claim. FCO says
the court verdict complicates any discussion of sovereignty
as the court (and Chagossian advocates) would view dimly
HMG's negotiating away the islands after so recently
reaffirming them as a Chagossian homeland. Furthermore, FCO
feels such discussions could raise "unreasonable
expectations" in Mauritian minds about when the islands might
be turned over. HMG would consider, however, a conciliatory
gesture that might persuade Mauritius not to take its case to
the International Court of Justice, which it has threatened
to do in the past.


7. (C) FCO has heard that Mauritian FM Dulloo will be
visiting Washington in the coming weeks and recommends we
coordinate closely on how to respond to the proposal for
trilateral talks.

Visit London's Classified Website:
http://www.state.sgov.gov/p/eur/london/index. cfm
Tuttle