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Lankan Tamils stranded on ‘secretive’ British island in Indian Ocean

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Sixty Lankan Tamil refugees, including at least 16 children, claim to have been ‘unlawfully detained’ on Diego Garcia since 2021, said a report published by The Week of the UK yesterday.

It said: A paradise island in the Indian Ocean has become the centre of a complex legal dispute, a battle for control – and a “prison” for stranded migrants.

In 2021, Sri Lankan Tamils fleeing persecution attempted to sail to Canada to claim asylum, when their fishing boat suffered a leak. British Navy ships rescued dozens and brought them to Diego Garcia, the largest of the disputed Chagos Islands in the British Indian Ocean Territory (Biot) – long claimed by Mauritius – and site of a secretive military base leased by the UK to the US. The group of 60, including at least 16 children, claim to have been “unlawfully detained” since: the first people to file asylum claims in the Biot.

The territory’s Supreme Court was due to rule on the claim last week, but hours before the judge and lawyers got on the US military plane to start their journey, the US cancelled the hearing. Officials said they were “withdrawing its consent” for access to the “heavily restricted” island, with communication seen by the BBC describing the reasons as “confidential” – but that the visit presented “risks to the security and effective operation” of the base.

But parts of the island where access was denied (such as a gym and a swimming pool) were visited by US cheerleaders and celebrity chefs earlier this year. The fact that the Biot Supreme Court has been “prevented from sitting in its own territory on Crown land is an extraordinary affront to the rule of law”, said Tessa Gregory, a partner at Leigh Day, the London-based solicitors representing the Tamils.

Diego Garcia is the largest of the Chagos Islands, an archipelago about 310 miles south of The Maldives. The Biot is constitutionally separate from the UK, but administered from London.

The UK took the Chagos Islands from its then colony Mauritius in 1965 and evicted the population of more than 1,000 people, to build a military base. It signed an agreement in 1966 to lease the base to the US for 50 years, which has been extended and is now set to expire in 2036. So although Diego Garcia is technically in a British territory, most of the island is under US military control, including the accommodation and transport.

The US has sent planes from Diego Garcia to bomb Afghanistan and Iraq, while two B52 bombers were sent there for training earlier this year. The CIA has also denied allegations that it has been used as a base to interrogate terror suspects after 9/11.

Since Mauritius gained its independence in 1968, it has claimed ownership of the islands. In 2000, the British High Court ruled that the forceful eviction of Chagossians had been illegal, and granted them right of return – to any island except Diego Garcia.

The International Court of Justice ruled in 2019 that the UK’s control of the whole territory was “unlawful” and should end. In 2021, a separate UN maritime court found that the UK’s control of the islands amounted to an “unlawful occupation”.

But “regardless of widespread international opinion in favour of Mauritius, London has largely ignored these decisions”, said Foreign Policy. The UK government also argues that the refugee convention does not apply there.

Foreign Office plans to give the Chagos Islands back to Mauritius in a “Cyprus-style deal” were scrapped earlier this year, said The Telegraph. Then Defence Secretary Grant Shapps “urged” David Cameron not to cede the islands to Mauritius – a growing ally of China.

“In many ways, the island – with its pure white sands, palm trees and azure seas – looks a lot like paradise”, said The Guardian. But for the 60 asylum seekers, “that idyll could not be further from their reality” – they remain “stuck there” in a “desperate, dangerous limbo”.

They are forced to live in a “makeshift tented camp the size of a football pitch, surrounded by a 7ft-high metal fence”. The tents are “infested with rats, mice and cockroaches”. One person told the paper: “My mental state is deteriorating. I live in a body that has no life inside it”.

Many of the detainees “say they are escaping torture and persecution by either Sri Lankan security forces” due to their Tamil ethnicity, said The New Humanitarian, or Indian security forces due to being Sri Lankan refugees.

But on Diego Garcia, guarded by private security company G4S, “they are treating us like prisoners”, two asylum seekers said in an anonymous written statement. A G4S spokesperson denied the claims, saying the company “treats the migrants on the island with dignity and respect at all times”.

But there have been “multiple suicide attempts” and “reports of sexual harassment and assaults”, said the BBC. Some have been flown to Rwanda for medical treatment, but remain under Biot administration. “During Tuesday’s virtual hearing, one of the migrants on the island collapsed multiple times.”

Last year, UN representatives who visited the camp reported that “conditions there amounted to arbitrary detention”. The Foreign Office has also said that the island is not suitable for migrants. A ruling in their favour could allow them to claim compensation for years of detention, as well as having implications for Chagossians’ calls for reparations for their eviction.

The asylum seekers are “pinning all their hopes on their legal teams to get them off the island and to a place of safety where their troubled children can thrive”, said The Guardian. One told the paper: “We hope we will be allowed to escape from hell.”



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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