● <B>What exactly does the ruling of the British court mean for the Chagossians? Can they go back to their islands immediately?</B>

In 1971, an Ordinance restrained Chagossians from staying in their native islands. This Ordinance was struck down by a court on 3rd November 2000 and the Chagossians granted their rights to return. Unfortunately, circumstances such as 11th September attack in New York, wars in Afghanistan and in Iraq caused the US administration to put pressure on the British government to restore a full ban on the Chagos Archipelago. This ban came when the Chagossians were organizing their return there. The British had no choice but to ask for an Order in Council from Her Majesty the Queen. By Royal Prerogative she enacted two Orders in Council on 10th June 2004, prohibiting the islanders from going and staying on the Chagos islands.

The Chagossians challenged the validity of these Orders in Council in August 2004 and, last week, the court ruled that the Orders were indeed unlawful and quashed them. In fact, there is no legal instrument preventing the Chagossians from going back to their native islands. However, as in every demo-cracy, there is a right of appeal for anybody, including the government. So we must wait and see if the British government appeals and, if it does, we need to wait until the Court of appeal determines the result…

● <B>Do you think the British Government will appeal? If so, what will you do?</B>

Well, they declared on Thursday that they would. In November 2000, they said the same thing but they did not. They have 28 days to file their notice and grounds of appeal. I hope they see the reasons for not appealing. But, to be honest, I would be surprised if they did not; their conduct of this case was wholly different from the team which conducted the case in year 2000. Their attitude was also different. Of course, if they do appeal, we will resist. We are confident though on our legal reasoning and, as you know, an appeal is almost always on issues of law, not on facts.

● <B> Have you always believed in victory for the Chagossians’ battle ?</B>

There is a difference between justice and law; law is man-made, while justice isn’t. The law may bring you justice, but not always; it does not bring you justice, for example, when countries such as the United States, create legislation which frustrates non US citizens (which they call ‘aliens’), victims of human rights violations in the hands of US Government outside the United States. For instance, the US Government argues and so far the US Federal District Court and Appeals Court have agreed with it, that the US Government is immune from claims from non-US Citizens such as Chagossians, no matter what sufferings were caused to them.

In our case, the sufferings we have raised were all protected by peremptory norms of international law, also called jus cogens which are, as we have finally obtained the courts to accept, part and parcel of US domestic laws, but even with that, the US Government still pleads immunity against the Chagossians. That is simply not fair and it’s causes like this one that have motivated me since the beginning. The aim is to get the Courts to read into fundamental human rights more aggressively and hopefully bring law closer to justice. Yes, we will overcome every hurdle. There are men out there who are still good and we will find them.

● <B>What has motivated you to help them?</B>

As I said, it’s the battle for the poorest and weakest against the richest and strongest. Then, you also have the hypocrisy element: calling yourself a champion of human rights is one thing, but tolerating human rights violation in your own backyard in another. This is the most compelling and motivating factor.

● <B>Are the Chagossians ready to go back to their homeland?</B>

Of course they are! They have been waiting for this moment for thirty years! But, whether the Chagos archipelago is ready for them, is another matter. There is no water, electricity and so on. There is no living system there! Hence, it will be the duty of the British Government to restore the proper infrastructure on the island. If the British government does not do so, we will again have to go through the Courts, unfortunately.

● <B>Is there a legal way of forcing them to restore infrastructure on the islands?</B>

Of course! Now that the court has declared that the Chagossians have the right to go back and live on the islands, the Government has a duty to make this return possible; otherwise, it is a direct violation of one of its treaty obligations under the European Convention on Human Rights.

● <B>Do you think this duty will be limited to the British?</B>

The American government has played a big role in what has happened in the Chagos. In fact they instigated the whole thing. The British have only done what the Americans asked. I think it’s only fair that the U.S Government be called upon to rehabilitate the islands and make them liveable.

● <B>Will this decision from the British court affect the demand for sovereignty of Mauritius over the Chagos?</B>

I think so. It adds urgency to the matter, so that the whole matter becomes an issue again. The Mauritian Government ought to press for a rehabilitation of the islands before sovereignty is transferred.

<B>Revenge on the past</B>

Dreams of return to their lost paradise must be buzzing in their heads. Chagossians have been given the right to go back to their homeland, “a historic event” for the press and for many observers, who see in it only the fair ruling of a country that had denied the islanders the right to live in their homeland for more than thirty years.

As soon as they heard that Lord Justice Hooper and Mrs Justice Cresswell had proved them right by cancelling two orders in Council signed by Queen Elizabeth II, the Chagossians could not hold back their emotions. Tears of moral pain and suffering gave way to those of happiness. They took to the streets where they gave vent to their joy. They marched past waving the colours of their flag and shouting “victory”.

The younger ones who have witnessed their parents’ sufferings are nostalgic and regret that the latter are not here to celebrate the victory. But they are present as a proof that the Chagossian identity will remain.

For the older ones who are still alive, the emotion is even more intense. Having experienced the forced exile from their archipelago, they really have the feeling that justice is being done. “If I could and if my island was not in such a piteous state, I would go immedia-tely,” claims Micheline Piron.

The Court ruling doesn’t mean that they will be able to go back immediately. Their recent trip to their archipelago showed them how tough it would be to go back there. There are no amenities on the island and everywhere is in a state of neglect. But this does not seem to be a problem for them. They know the Chagos have a strong potential.

The year 2006 has been a year full of symbolic victories for the Chagossian population… A revenge on the past!