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Britain wins appeal over Chagos islanders' return home


The British government on Wednesday won its legal appeal over previous rulings that allowed displaced Indian Ocean Indian Ocean, third largest ocean, c.28,350,000 sq mi (73,427,000 sq km), extending from S Asia to Antarctica and from E Africa to SE Australia; it is c.4,000 mi (6,400 km) wide at the equator. It constitutes about 20% of the world's total ocean area.  islanders to return home.

The three-to-two majority decision by the House of Lords House of Lords: see Parliament.  overturns rulings that said the use of the royal prerogative -- the legislative method used to block the return of the Chagos islanders -- was unlawful.

It means that a bar on the islanders returning home has been upheld.

Some 2,000 people were expelled from the archipelago, a British territory some 500 kilometres (310 miles) south of the Maldives, in the 1960s and 1970s and sent to live in Mauritius and the Seychelles.

Foreign Secretary David Miliband welcomed the ruling, but noted "the government's regret at the way the resettlement Re`set´tle`ment   

n. 1. Act of settling again, or state of being settled again; as, the resettlement of lees s>.
The resettlement of my discomposed soul.
- Norris.
 of the Chagossians was carried out in the 1960s and 1970s and at the hardship that followed for some of them."

"We do not seek to justify those actions and do not seek to excuse the conduct of an earlier generation," he added.

"But the courts have previously ruled that fair compensation has been paid and that the UK has no legal obligation to pay any further compensation."

Miliband said the government would "keep in close touch with the Chagossian communities and consider carefully future requests to visit the territory."

The resettlement of Chagossians allowed Britain to lease the main island, Diego Garcia Diego Garcia, coral island, 11 sq mi (28 sq km). Indian Ocean, largest island of the Chagos Archipelago, SW of Sri Lanka. Part of the British Indian Ocean Territory, the island was leased (1970) to the United States and later developed as a joint U.S. , to the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  military for 50 years.

It now houses a major US air base and was used as a launch pad for bombing raids on Iraq and Afghanistan.

Wednesday's ruling was the latest in a protracted pro·tract  
tr.v. pro·tract·ed, pro·tract·ing, pro·tracts
1. To draw out or lengthen in time; prolong: disputants who needlessly protracted the negotiations.

2.
 legal fight which first saw exiled Chagossians win a ruling in London's High Court in 2000 that they had a right to return to the group of 65 islands, although not to Diego Garcia.

Chagossian islanders now have the option of taking the protracted legal battle to courts in Europe.

In 2004 the government used the royal prerogative to introduce an "order in council", which continued the islanders' exile.

Judges ruled in 2006 that such an order -- effectively a decree by the government in the name of Queen Elizabeth II -- was a "repugnant REPUGNANT. That which is contrary to something else; a repugnant condition is one contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that you shall not aliens, the condition is repugnant and void. Bac. Ab. Conditions, L. " way to "exile a whole population".

The Court of Appeal upheld that ruling last year, describing the government's tactics as an abuse of power.
Copyright 2008 AFP Global Edition
No portion of this article can be reproduced without the express written permission from the copyright holder.
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Author:AFP
Publication:AFP Global Edition
Date:Oct 22, 2008
Words:380
Previous Article:Nine Afghan troops killed in international air strike
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