PRESS STATEMENT

DATED: 23 MAY 2007

BY:                 RICHARD GIFFORD, SOLICITOR TO OLIVIER BANCOULT AND THE CHAGOS ISLANDERS

Today the Court of Appeal has dismissed the Government’s appeal against the cancellation of two laws passed by the Secret Order – in – Council procedure which purport to abolish the right of abode of the Chagossian people in their homeland, and to perpetuate their exile.

It has been held that the ties which bind a people to its homeland are so fundamental that no Executive Order can lawfully abrogate those rights.

Moreover special emphasis has been placed on the legitimate expectation given to the Chagossians by the Foreign Secretary, Robin Cook, in November 2000.  After the High Court first struck down the law which was used to justify the mass deportation over 30 years ago, Robin Cook stated that the Government accepted that judgment and would press on with the studies designed to provide for the resettlement of the population.

So when in June 2004 the Government cancelled the study and abolished the Islanders’ right of return, the Court of Appeal has held this U-turn to be so serious a breach of fundamental rights as to amount to an Abuse of Power.

This is now the third time that Olivier Bancoult the leader of the Chagossian in exile, has proved to the satisfaction of English judges that nothing can separate his compatriots from their homeland.

They now call upon the British Government for a new start in this abusive relationship and to proceed with the utmost urgency to restore these loyal British subjects to their homeland.

The Government’s own study has proved that there is no practical impediment to a full resettlement scheme.  There are many stakeholders who are anxious for it to happen.

First, the British and overseas press have been speaking with one voice in supporting the Islanders’ resettlement.  Members of the House of Commons and House of Lords have, whenever they have been allowed to speak, expressed their full agreement.

Second, the International Institutions at the United Nations have called for both resettlement of the Islands and compensation to the Islanders.

The European Union has even confirmed that its ample coffers are available to regenerate the economy when the population is allowed to return.  There can be no excuse based on the cost to the British taxpayer since this can be shared.

Third, conservation bodies are expecting the population to return and wish to be consulted.

Fourth, many commercial interests are excited at the prospect of a careful and eco friendly development for fisheries, agriculture and tourism to be centred upon this paradise Archipelago.

And finally, we have reason to believe that those who now lead the Democrats on Capitol Hill will endorse a return if they are consulted.

Olivier Bancoult and the Chagos Islanders are ready to engage the Government in a constructive way to plan their resettlement in the knowledge that this is the only lawful and honourable course for the British Government to adopt.

RICHARD GIFFORD