In a landmark ruling, a British court has determined that the UK government unlawfully detained 64 Tamil asylum seekers on the remote island of Diego Garcia in the Indian Ocean. The group, which included 16 children, endured squalid living conditions and restricted movement for over three years while caught in a geopolitical dispute between the UK, US, and Mauritius.
Rescue Turns to Captivity
The asylum seekers, all ethnic Tamils from Sri Lanka, were rescued by the British navy in October 2021 after their boat sprung a leak near Diego Garcia. The island, which hosts a US military base, is part of the British Indian Ocean Territory (BIOT) but is claimed by Mauritius.
Instead of being granted safe passage, the group found themselves confined to a rudimentary tent encampment, guarded by security personnel, and denied access to adequate facilities. The BIOT administration claimed the asylum seekers were free to leave at any time, but the court found this to be a “Hobson’s choice” between indefinite detention or returning to potential persecution in Sri Lanka.
“Hell on Earth”
Court documents paint a grim picture of life in the camps, which one detainee described as “hell on earth“. The asylum seekers lived in rat-infested tents that leaked during rains and had no means to repair their boats or obtain supplies to leave. Denied internet access and facing increasingly desperate circumstances, many resorted to hunger strikes and suicide attempts.
It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name.
– Judge Margaret Obi
Geopolitical Pawn
The UK’s handling of the situation appears to have been heavily influenced by the US, which expressed concerns about the “security risk” of allowing the asylum seekers greater freedoms on the island. Diplomatic cables also reveal British fears of the case setting a precedent that could undermine its controversial asylum deal with Rwanda.
The Chagos Islands, of which Diego Garcia is a part, are the subject of a decades-long sovereignty dispute. The UK broke the islands away from Mauritius prior to its independence and leased Diego Garcia to the US for a military base. In 2019, the UN’s high court issued an advisory opinion that the UK should end its administration of the territory.
Justice Delivered
In her ruling, Judge Margaret Obi found that the asylum seekers had been unlawfully detained and subjected to inhuman treatment. The decision, which paves the way for potentially millions in compensation, has been hailed as a resounding victory by human rights advocates.
Prior to the judgment, increasing public scrutiny led the British government to quietly relocate the remaining detainees to the UK, granting them six months to file asylum claims. However, as one detainee poignantly noted, their hope is simply for their children to “lead a free and peaceful life” without the eternal label of “refugee”.
The case sheds light on the human cost of the UK’s increasingly hardline stance on immigration, as well as the lasting impact of colonial-era territorial disputes. As the Chagos Islands inch closer to being returned to Mauritian control, difficult questions remain about the future of the US base and the fate of those left stateless by geopolitical maneuvering.
