In a bizarre incident, the United States has blocked the United Kingdom from passing a judgment and holding court on the remote island of Diego Garcia part of Chagos island, located in the British Indian Ocean Territory. Citing security concerns on July 9th, the Biden administration barred the Supreme Court of the British Indian Ocean Territory from hearing a case regarding the fate of dozens of Tamil migrants this week. Sixty migrants have been stranded on the territory, where the U.K. asserts control, for 1,000 days after fleeing persecution in Sri Lanka.
The issue is a matter of concern for the United States as the island in the Indian Ocean-a critical theater for global trade and geopolitical competition, hosts a secretive UK-U.S. military base. The vital location of island served as a critical node for American air operations during the Gulf War and wars in Iraq and Afghanistan. According to The Foreign Policy the CIA runs a detention center in Diego Garcia which was built post 9/11. This makes access to the island highly restricted due to security reasons. Several parts of the island has been leased by the UK government to the United States, with the lease set to expire in 2036. Until then, most personnel and resources on Diego Garcia, including the majority of accommodation, transport, restaurants, and shops, will be under U.S. control.
According to official documents, U.S. authorities withdrew consent for the legal team representing the migrants and members of the press, like the BBC, to enter the island. On July 3rd, the United States expressed that the site visit presented “risks to the security and effective operation” of the base.
The British Indian Ocean Territory’s deputy commissioner, Nishi Dholakia, claimed that the U.S. refused to allow the participants to board flights for Diego Garcia and sent a prior warning that no transport, food, or accommodation would be provided to them. The U.S. further reiterated that it would be “willing to reconsider” the requests if the visit could be “conducted in a manner” that addresses its concerns. Earlier, the U.S. had granted permission for access to areas open to civilian contractors. However, U.S. authorities took a U-Turn on their decision, largely due to a “site visit” being conducted as part of the hearing, which irked the U.S. as it was set to include the migrant camp and several other parts of the island. Without giving a concrete reason, U.S. authorities stated, “This is confidential and based on the U.S.’s assessment of its own national security needs.”
The cancellation of the court hearing on the Tamil migrants has left their fate hanging. They escaped persecution from Sri Lanka and are now claiming that they are being unlawfully detained on the island after accidentally landing there in October 2021. Reportedly, the migrants were trying to sail to Canada to claim asylum, but their boat ran into trouble, hindering the final leg of their journey. British navy ships rescued the individuals and brought them to the island. Living in appalling conditions, such as rat-infested tents, the helpless migrants are desperate to leave the island and be relocated to a safe third country.
Chris Buttler KC, representing some of the asylum seekers, expressed concern for the migrants, who are highly disappointed by the revocation of the hearing. Some have made suicide attempts due to despair about their life on the island. He said, “For the last five months, our clients have been counting down the days. There’s a real risk that the delay will threaten their lives.”
As discussions between the UK and US governments continue, a virtual court hearing on July 9, attended by lawyers in London and the migrants in Diego Garcia, sought to determine the next steps in the case.