“It is extraordinary that a Labour Government led by people who have built their careers on human rights law now finds itself opposed not only by the Chagossian people but also by Human Rights Watch. The Court of Appeal’s decision to allow intervention from one of the world’s most respected human rights organisations should ring alarm bells in Downing Street.”
Labour’s attempt to overturn a court victory secured by Chagossians living on their ancestral homeland has suffered a fresh setback after the Court of Appeal granted Human Rights Watch permission to intervene in the case.
Lawyers acting for the Chagossians confirmed that the international human rights organisation will now be permitted to submit written representations to the court ahead of the crucial appeal hearing due to begin on 15 July.
The development is likely to add further scrutiny to the Government’s position as it seeks to overturn earlier rulings which allowed a group of Chagossians, including Interim First Minister of the Chagos Islands Government-in-Exile Misley Mandarin, to remain living on islands within the archipelago.
The case forms part of a wider legal battle over the future of the Chagos Islands and the rights of Chagossians to return to and live on their homeland.
Human Rights Watch is one of the world’s most prominent human rights organisations and regularly intervenes in cases it believes raise significant human rights concerns. While the organisation is not a party to the proceedings, its written submissions will now be considered by the Court of Appeal when judges hear the case later this month.
The decision means the court will hear not only from the Government and the Chagossians’ legal team, but will also receive independent submissions from a major international human rights body.
Campaigners supporting the Chagossians said the ruling should serve as a warning to ministers.
They argue that concerns about the Government’s approach are no longer being raised solely by Chagossians and their supporters, but are now attracting attention from respected international organisations.
Claire Bullivant, CEO of the Great British PAC, which has supported legal action and wider efforts to defend the rights of the Chagossian people and ensure they have a meaningful voice in decisions affecting their homeland, said:
“It is extraordinary that a Labour Government led by people who have built their careers on human rights law now finds itself opposed not only by the Chagossian people but also by Human Rights Watch. The Court of Appeal’s decision to allow intervention from one of the world’s most respected human rights organisations should ring alarm bells in Downing Street.
“The Chagossians have spent generations fighting for the right to return home. Instead of helping them, the Government is spending taxpayers’ money attempting to remove them from their homeland and overturn their legal victory.
“This should be a moment for ministers to pause and ask themselves whether they are really on the right side of history. We believe the Chagossian people deserve justice, deserve self-determination, and deserve the right to live on their homeland as British citizens. We will continue to support them every step of the way.”
The appeal hearing is scheduled to take place between 15 and 17 July and will determine whether the Government succeeds in overturning previous court decisions that allowed the islanders to remain.
For many Chagossians, the case has become about far more than a legal technicality.
The Chagossian people were removed from their homeland in the 1960s and 1970s to make way for the construction of the military facility on Diego Garcia. For decades, many have campaigned for recognition of their rights, including the right to return and live on the islands from which they and their families were displaced.
Supporters of the Chagossians say the intervention by Human Rights Watch highlights the importance of the issues at stake, including self-determination, human rights and the future of one of the world’s most displaced indigenous communities.
The Government maintains that it is pursuing its legal appeal through the courts, but the involvement of Human Rights Watch is likely to intensify political pressure on ministers in the days leading up to the hearing.
Critics argue that the decision should be a wake-up call for Labour. They point out that many senior figures within the Government, including Prime Minister Sir Keir Starmer and Attorney General Lord Hermer, have built reputations around human rights law and civil liberties.
The Court of Appeal hearing is expected to be one of the most closely watched stages yet in the long-running dispute, with the future of the six Chagossians currently living on the islands hanging in the balance.
Whatever the outcome, the intervention by Human Rights Watch ensures that international human rights concerns will now form part of the court’s consideration as the case returns before judges later this month.
