Law
Diego Garcia:
UK
population was unlawful. Laws LJ doubted whether prerogative power permitted the Queen to exile her subjects from the territory to which they belong. In considering the principle of peace, order and good government in the “British Territory” of Diego Garcia, Laws LJ stated that the population ‘are to be governed not removed’.
Democracy’s Dirty Little Secret?
In 2004 the Queen in Council, acting to rubber stamp malevolent instructions from the Foreign Secretary Jack Straw flouted Britain’s High Court ruling with two secret orders. Overturning the High Court ruling, it purported to abolish the Islanders’ right of return. In 2006 the High Court overturned these unjust orders. Lord Justice Hooper considered the legality of the ordinance and stated of the population ‘they are to be governed not removed’. The government appealed the and in 2007 were again defeated this time at the Court of Appeal. In his judgment, Sedley LJ stated: ‘I respectfully agree with the view of both Divisional Courts that… the permanent exclusion of an entire population from its homeland for reasons unconnected with their collective wellbeing… cannot be lawfully accomplished by use of the prerogative power of governance.’
The Queen’s Privy Council can expel UK citizens and exile nations like in Diego Garcia - an unchecked and dangerously unaccountable power BY NATASHA BOLSIN
Lisette Talare
Again the government appealed and in the House of Lords five members of the Privy Council handed down a ruling of three to two confirming the eviction of two thousand British citizens from their home. Lord Hoffman found that the Human Rights Act 1998 did not have any application and her husto the British governed territory of band within weeks of Diego Garcia, yet simultaneously found each other, according to her that the expulsion orders of the Queen ‚they died of sadness‘. The reason were valid. The case is now before the Eufor her profound grief is attributable to ropean Court of Human Rights whose the power of a secret unelected, unaccountdecision is expected in the near able cabal in Britain - the Privy Council. Ms. Tafuture. Two questions arise late was a British Citizen and former resident of the isfrom this sad episode. land paradise Diego Garcia where generations of Chagossians Firstly, in a democratic had lived. She and two thousand other British nationals were society, what is the justification for an abruptly expelled from their home in 1971 and driven into povunelected and unaccountable body that can erty and exile over 1,000 miles away. This Exile was declared approve far-reaching orders such as exiling whole nations and unlawful by the High Court in 2000, but this in turn was overwaging unlawful war? Secondly, how close to tyrannical govruled by an “Order-in-Council“ in 2004 with the explicit apernment is an unelected body proval of the Queen. The In 2004 the Queen flouted Britain’s High with executive power whose occasion was neither critiCourt ruling with two secret orders purpoting monthly orders are reviewed, cal nor extreme. at the highest level, only by to abolish the Islanders’ right of return The so-called Privy Counits own members? One group cil appear before the who knows the answer is the Chagossian Islanders. Queen so that she may grant Royal Prerogative to their schemes. Walter Bagehot describes Royal Prerogative as ‘a power, according to theory, for extreme use on a critical occasion’. In November 2000 Lord Justice Laws and Mr Justice Gibbs had NATASHA BOLSIN is a final year law student at King’s, ruled in the High Court that the expulsion of the Chagossian having previously studied History at the University of Sydney. died on the 4th of January 2012. In the 1960‘s she had lost two of her children
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newturn March/April 2012