Five children who have been stranded on the Indian Ocean island of Diego Garcia since October 2021 have won a legal battle to ensure they are protected from harm in the same way as children in the UK.
The Supreme Court of the British Indian Ocean Territory (BIOT), located in a remote part of London, has ruled in favor of some of the island’s Tamil asylum seekers, including five children, breaking a key law in British children’s law. The court ruled that the same protections apply to Tamils. children of the island.
Diego Garcia Island Supreme Court Acting Judge Margaret Obi rejected arguments by Island Chief Justice Paul Candler’s lawyers that the Children Act did not apply to Diego Garcia and that the Children Act was not bound by its obligations. . The case also included an application for guardianship of the children following concerns for their welfare and safety on the island.
In an earlier case, the court heard evidence from UNHCR that the living conditions of 61 asylum seekers on the island, including 16 children, amounted to arbitrary detention. Refugee agencies called for the group to be urgently removed from the island.
The asylum seekers, mainly ethnic Tamils from Sri Lanka, arrived on the island in October 2021. The boat he was on, intending to go to Canada to apply for asylum, ran into trouble, and he was rescued and taken to Diego Garcia Island.
UNHCR determined that the asylum seekers were under the effective control of the British government.
UN inspectors heard allegations of sexual harassment and abuse of women and children by other asylum seekers and identified high levels of psychological distress and a significant risk of suicide and attempted suicide.
They said it was “particularly worrying” that 16 of the 61 children were being detained, and that at least some of the children found to be in need of international protection should be transferred to the UK. said.
UNHCR also said the asylum seekers were being held in a fenced area the size of a soccer field, guarded by G4S staff. They were not allowed to cook their own meals, and the rats that were everywhere on the island had bitten holes in their tents. Their movement is severely restricted and only recently have they been allowed to leave the camp at designated times and go to a small beach area next to the camp under strict supervision.
In Tuesday’s ruling, the court found that the Commissioner had a duty under the Children Act 1989 to adequately protect, investigate harm to, and promote the welfare of the children of Diego Garcia Island.
“In the absence of specific local law, English law will apply,” Judge Obi said in his judgment.
She further added: “There is no concept of less justice in BIOT. The same principles apply when it comes to protecting and promoting the welfare of children.”
Asylum seekers’ lawyers Leigh Day and Duncan Lewis welcomed the ruling.
A further hearing on claims by asylum seekers that they are being illegally detained in Diego Garcia will be held on April 15.
