UPDATE ON STATUS OF HMG PROPOSAL FOR MARINE

C O N F I D E N T I A L LONDON 001344

SIPDIS

DEPARTMENT OF STATE FOR PM, EUR/WE, AND OES/OPA

E.O. 12958: DECL: 06/03/2019
TAGS: MARR MOPS SENV UK IO MP EFIS EWWT PGOV PREL
SUBJECT: UPDATE ON STATUS OF HMG PROPOSAL FOR MARINE
RESERVE IN BRITISH INDIAN OCEAN TERRITORY; USG INITIAL
REACTIONS WELCOME

REF: LONDON 1156

Classified By: Political Minister Counselor Greg Berry for reasons 1.4
(b/d).


1. (C/NF) Summary. HMG remains committed at the most senior
levels to establishing a marine reserve in the British Indian
Ocean Territory (BIOT),which includes the island of Diego
Garcia, a Foreign and Commonwealth Office (FCO) officer told
Poloff June 3. UK officials have made little progress on
formulating the proposal since broaching the idea to the
Political Counselor in May (ref),and it appears that UK
policy makers and planners have not fully considered the
various, and potentially complex, consequences of
establishing a marine reserve. Embassy London would welcome
DoD and State/OES suggestions about issues to raise with the
HMG as it formulates a public proposal for a marine reserve
in the BIOT. On the separate issue of the legal claim of
Chagossians to a "right of resettlement" on the outer islands
of the BIOT, HMG has until July 17 to file a submission with
the European Court of Human Rights (ECHR) disputing the
Chagossians' claim. End Summary.

FM "Keen" on Marine Reserve
--------------


2. (C/NF) Joanne Yeadon, Head of Section, British Indian
Ocean Territory (BIOT) and Pitcairn, Overseas Territories
Directorate, at the Foreign and Commonwealth Office (FCO)
told Poloff June 3 that Foreign Secretary David Miliband
remains "very keen on the idea" of a marine reserve (ref) for
BIOT and "would like to be able to publicly announce
something soon." She said Miliband had received a briefing
from the FCO's Overseas Territories Directorate on the
proposed marine reserve in May and had called the Directorate
this week to reaffirm his support. Yeadon stated that HMG
"would like to be able to make some sort of public
announcement" soon regarding the establishment of the marine
reserve. She predicted that a likely time frame for
establishing a reserve would be the release this fall of a
"public consultation document" asking for comments from the
public on the proposed reserve. She said that HMG had not
approached the Government of Mauritius yet to discuss the
proposal, although HMG considers Mauritian assent an
essential prerequisite to creating a reserve (ref).


3. (C/NF) When pressed by Poloff about when a public
announcement might be forthcoming, Yeadon replied "I don't
know what the next step will be." She agreed with Poloff's
suggestion that the U.S. and UK consult closely regarding the
proposal. She underscored, as the FCO had done during a
meeting with the Political Counselor in May (ref),that HMG
intends that any marine reserve have no negative impact on
U.S. or UK military operations or navigational rights.

Latest on Chagossian Litigation
--------------


4. (C/NF) Asked by Poloff for an update on the pending case
by Chagossians before the European Court of Human Rights
(ECHR),in which the Chagossians claim a "right of return" to
the BIOT (ref),Yeadon replied that HMG had recently received
an extension to file its submission with the Court, which is
now due July 17. She noted that the UK would continue to
argue before the Court that the European Convention on Human
Rights does not apply to BIOT; she asserted that all five Law
Lords who had considered the case in Britain had agreed upon
this point, even those who had ultimately favored the
Chagossians' position under British law. HMG will respond to
the substance of the Chagossians' allegations by asserting to
the ECHR that the Chagossians have already received
sufficient compensation and, further, that "they do have a
right of abode -- in the United Kingdom." Yeadon confirmed
that the HMG would honor the ECHR's final ruling if the ECHR
decided in favor of the Chagossians' "right of resettlement,"
but she also said HMG would appeal the claim further in the
ECHR system if the Chagossians prevailed in the first
instance.

Comment: Reserve Remains a UK Priority; U.S. Advice Welcome


-------------- --------------


5. (C/NF) Notwithstanding Yeadon's candid admission that
HMG has made little, if any, substantive progress on plans to
establish a marine reserve in BIOT since first broaching the
idea with the Political Counselor last month, FM Miliband's
"keenness" about the proposal demonstrates top level HMG
commitment to creating a reserve. The establishment of a
marine reserve in the BIOT would present an easy "good news
story" for Prime Minister Brown's beleaguered government as
the creation of a marine reserve in the BIOT would almost
certainly enjoy the support of most Britons. Embassy London
will continue to stress to HMG officials that the reserve
must not, in any way, interfere with U.S. use of BIOT,
including but not limited to Diego Garcia. A position that
the UK Defense Ministry of Defense representative attending
last month's FCO briefing on the issue also made stressed to
his Foreign Office colleagues (ref). We have stressed to the
FCO that the "public diplomacy" aspects of a marine reserve
must be carefully evaluated since, as noted ref, we are
concerned that, long-term, both the British public and policy
makers could come to see the existence of a marine reserve as
inherently inconsistent with the military use of Diego Garcia.


6. (C/NF) The HMG is clearly enthusiastic about the proposed
marine reserve and Embassy London fully expects the proposal
to move forward on the UK side, although, in Embassy London's
view, it appears UK policy makers and planners are at the
beginning of their anyalsis of the various practical and
legal consequences of establishing a marine reserve, e.g. in
regard to U.S. military navigational rights. We recommend
that DoD and State/OES consider what advice they can share
with HMG on management of similar marine reserves around the
world. Embassy London also would welcome suggestions about
any issues now that we should raise with the HMG. as it
formulates a public proposal for a marine reserve in the BIOT.

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