UK unlawfully detained Sri Lankan migrants on Chagos island: court

The British Indian Ocean Territory, or Chagos Islands, lies halfway between Africa and Indonesia. (Getty Images)
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Updated 16 December 2024
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UK unlawfully detained Sri Lankan migrants on Chagos island: court

  • Sixty-four Sri Lankan Tamil asylum seekers were held in ‘prison-like’ camps on Diego Garcia
  • Most of the migrants were finally brought to the UK, this month, and given a chance to apply for asylum

LONDON: The UK government unlawfully detained Sri Lankan migrants on a remote military base for more than two years, the British Indian Ocean Territory (BIOT) Supreme Court ruled on Monday.
Sixty-four Sri Lankan Tamil asylum seekers were held in “prison-like” camps on Diego Garcia, a British-American military base which is part of the Chagos islands — renamed in 1965 by the UK as BIOT — after being rescued at sea, according to the ruling.
Many of them claimed they were fleeing persecution in Sri Lanka, where Tamils are a historically oppressed minority, and sought international protection once they arrived on Diego Garcia.
Earlier this month, most of the migrants were finally brought to the UK and given a chance to apply for asylum from London.
Successive British foreign secretaries had been reluctant to allow them into the UK, fearing it would open a new irregular immigration route via the islands.
In a ruling published on Monday, Margaret Obi, the acting judge of the BIOT supreme court, said that the migrants were “unlawfully detained” for an “extraordinarily long time” on the military base, with the UK government now potentially facing heavy damages.
The Sri Lankans were held in a camp the size of a football pitch and alleged that they faced “prison-like” conditions, including a lack of privacy and an infestation of rats.
The camp was also rife with cases of migrants attempting to self-harm due to poor mental health.
While the BIOT commissioner claimed they were “free to leave” and therefore not detained, Obi ruled that this was “not a genuine choice,” since the migrants had sought international protection and could not return to Sri Lanka.
“It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name,” the judge said.
The camp was manned by security guards at all times and there were “punishments” imposed for leaving the camp without permission, according to the ruling.
The asylum seekers were only granted bail earlier this year by Obi to access a trail and the beaches on the island, after months of being barred from leaving the camp.
In the ruling, the judge also found that in July the UK Home Office “impeded” the progress of international protection claims fearing potential implications for the previous Conservative government’s Rwanda scheme, which since then has been scrapped.


Fear grips Congo’s Uvira as M23 rebels take control, displacing 200,000

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Fear grips Congo’s Uvira as M23 rebels take control, displacing 200,000

  • On Saturday, the situation in Uvira still had not returned to normal
  • “Some people left the city, but we stayed,” Maria Esther, a 45-year-old mother of 10, told AP

UVIRA, CONGO: A climate of fear reigned Saturday in Uvira, a strategic city in eastern Congo, days after it fell to the Rwanda -backed M23 group, as fighting in the region escalated despite a US mediated peace deal.
The Associated Press gained rare access to the city, which was the Congo government’s last major foothold in South Kivu province after the provincial capital of Bukavu fell to the rebels in February. Its capture allows the rebels to consolidate a broad corridor of influence across the east.
M23 said it took control of Uvira earlier this week, following a rapid offensive launched at the start of the month. Along with the more than 400 people killed, about 200,000 have been displaced, regional officials say.
On Saturday, the situation in Uvira still had not returned to normal. There was absolute silence and no traffic, apart from military jeeps circulating on the empty streets. The banks were closed and people have not resumed their jobs — only a few dared to go out during the day, and no one ventured outside after sunset, with armed M23 fighters patrolling the city.
“Some people left the city, but we stayed,” Maria Esther, a 45-year-old mother of 10, told AP. “But the situation hasn’t returned to normal, we haven’t resumed our usual activities because there’s no money circulating.”
Joli Bulambo, another resident of Uvira, said: “People thought that the situation that had happened in Goma with the deaths would be the same here in Uvira, but fortunately, there were not many deaths because God helped.”
M23’s latest push
The rebels’ latest offensive comes despite a US-mediated peace agreement signed last week by the Congolese and Rwandan presidents in Washington.
The United States accused Rwanda of violating the agreement by backing a deadly new rebel offensive in the mineral-rich eastern Congo, and warned that the Trump administration will take action against “spoilers” of the deal.
The accord didn’t include the rebel group, which is negotiating separately with Congo and agreed earlier this year to a ceasefire that both sides accuse the other of violating. However, it obliges Rwanda to halt support for armed groups like M23 and work to end hostilities.
Marco Rubio, US Secretary of State, said on X on Saturday: “Rwanda’s actions in eastern DRC are a clear violation of the Washington Accords signed by President Trump, and the United States will take action to ensure promises made to the President are kept.”
There was no immediate reaction from Rwanda.
The rebels’ advance pushed the conflict to the doorstep of neighboring Burundi, which has maintained troops in eastern Congo for years, heightening fears of a broader regional spillover.
A struggle for mineral rich territory
More than 100 armed groups are vying for a foothold in mineral-rich eastern Congo, near the border with Rwanda, most prominently M23. The conflict has created one of the world’s most significant humanitarian crises, with more than 7 million people displaced, according to the UN agency for refugees.
Local UN partners report that more than 200,000 people have been displaced across the province since Dec. 2. Civilians also have crossed into Burundi, and there have been reports of shells falling in the town of Rugombo, on the Burundian side of the border, raising concerns about the conflict spilling over into Burundian territory.
Congo, the US and UN experts accuse Rwanda of backing M23, which has grown from hundreds of members in 2021 to around 6,500 fighters, according to the UN
Rwanda, Congo and M23 trade accusations

Congo’s Foreign Minister Thérèse Kayikwamba Wagner on Friday accused Rwanda of trampling on the peace agreement, which she described as bringing “hope of a historic turning point.”
She warned, however, that the “entire process … is at stake,” and urged the Security Council to impose sanctions against military and political leaders responsible for the attacks, ban mineral exports from Rwanda and prohibit it from contributing troops to UN peacekeeping missions.
“Rwanda continues to benefit, especially financially but also in terms of reputation, from its status as a troop-contributing country to peacekeeping missions,” Wagner told AP.
Bertrand Bisimwa, deputy coordinator of the AFC/M23 rebel movement told AP in an exclusive interview Friday that peace commitments have remained largely theoretical. “Regardless of the ceasefire agreements we sign and the mutual commitments we make, nothing is implemented on the ground,” he said.
Asked about the expansion of M23 operations toward the Uvira region, Bisimwa said the region was a long-standing hot spot of ethnic tensions and violence. “For a long time, people were attacked and killed because of their community affiliation,” he said.
On Friday, Rwanda’s Foreign Minister Olivier Nduhungirehe told diplomats that Congo had declared it would continue fighting in M23 recaptured territories and it was only after M23 retaliated that the international community “suddenly woke up.”
“The DRC has openly declared that it would not observe any ceasefire and would instead continue fighting to recapture territories held by the AFC/M23, even as the peace process unfolded,” he said.
While Rwanda denies the claim that it backs M23, it acknowledged last year that it has troops and missile systems in eastern Congo, allegedly to safeguard its security. UN experts estimate there are up to 4,000 Rwandan forces in Congo.