10.17 am, Sunday November 22 2009

Islanders defeat UK over right to return

12:40 AEST Thu May 24 2007
AAP
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People thrown off their Indian Ocean islands by Britain 40 years ago to make way for a US military base have won their legal battle for the right to return home.

Britain's High Court dismissed an appeal by the Foreign Office against the return of the former inhabitants of the Chagos islands, saying the right to go home was "one of the most fundamental liberties known to human beings".

The Chagossians were removed from their palm-fringed archipelago during the Cold War when Britain, as the ruler of the islands, granted permission to the United States to build an air and naval base on the largest atoll, Diego Garcia.

Diego Garcia has since been used in US military campaigns in Afghanistan and Iraq, and the British government has argued that on security grounds it would not be right for the Chagossians to be allowed home.

In its ruling, the High Court also said the government should not be allowed to appeal any longer, having lost three times in various courts, but would leave that decision to the House of Lords - the country's highest court.

Pending any appeal, the decision means surviving members of the 2,000 Chagossians originally removed, and their descendants, could return as soon as they can organise a trip - not an easy challenge given the remoteness of the islands.

Olivier Bancoult, chairman of the Chagos Refugees Group, who has driven the campaign to win the right to return, emerged from court beaming and his fingers held up in a victory sign.

He said his priority now was to go home as soon as possible and tend the graves of his ancestors.

"I'm very happy for my people," he told reporters.

"It's always been my dream to go home and I will go. We will go back and we will live there and make Chagos great."

A spokeswoman for the Foreign Office said it was disappointed by the court's decision. The foreign minister will "consider the judgment carefully", she said, before deciding whether to seek an appeal in the House of Lords.

Much of the forced removal of the Chagossians was done clandestinely, with the people secretly resettled in nearby Mauritius and the Seychelles, in an operation that one US newspaper described at the time as an "act of mass kidnapping".

Some of the original Chagossians and their descendants have been granted British citizenship and now live in Britain.

While their income and lifestyle might in some respects be better than it would have been had they remained on the islands, a desire to see their homeland burns inside them.

Roch Evenor, 50, left Diego Garcia with his parents when he was four years old. He's lived in the Seychelles, but now lives in Britain, where he works for the National Health Service.

He was elated by Wednesday's decision and said he hoped to return "within days", although it's likely to take a lot longer.

After 45 years away, he said the first thing he would do was "kiss the soil", but after that, the hard work would begin.

"Everything is depleted, everything is broken down," he said. "The cemetery is not well tended, and that is the first thing we must fix for our families and ancestors."

 
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