Dozens of Eelam Tamils who have been stuck on the remote Indian Ocean Island of Diego Garcia have been offered a move to the United Kingdom, more than three years after they were stranded and detained in “abhorrent conditions”.
Dozens of Eelam Tamils who have been stuck on the remote Indian Ocean Island of Diego Garcia have been offered a move to the United Kingdom, more than three years after they were stranded and detained in “abhorrent conditions”.
The group of 64 Tamils, including 16 children, are all asylum seekers fleeing persecution in Sri Lanka. They were being held on the British Indian Ocean Territory (BIOT) in conditions that have been slammed by United Nations inspectors, including living in overcrowded tents with rat infestations. Several had faced sexual harassment and abuse, as well as mental distress and suicide attempts.
Now, it is understood that British Home Secretary Yvette Cooper will be announcing within 48 hours that 61 of the Tamils will be brought to safety in the UK.
However, three Tamils who reportedly have criminal convictions will not be allowed to enter the UK. Their fate remains unclear.
The decision comes as a judicial review hearing of the asylum seekers’ claims of unlawful detention and habeas corpus was taking place this week.
On Monday, UK government lawyers presented to the High court a letter detailing a change in policy, in which “all families, children and those of the unaccompanied males who do not have criminal convictions, outstanding charges or investigations would be offered the opportunity to be transferred directly to the UK”. It added that work on the offer was “ongoing” and a formal decision would be made within 48 hours.
The UK government had previously refused to allow asylum seekers into the UK, and instead offered a temporary move to Romania. Monday’s offer cancels the earlier one.
“Our clients, including 16 children, welcome the Home Secretary’s belated decision to offer them safety in the UK,” said Leigh Day solicitor Tom Short. “It was made only after our clients issued legal proceedings in the High Court.”
“Our clients fled Sri Lanka seeking refuge from persecution. The treatment and unlawful detention they have endured at the hands of the British Indian Ocean Territory Administration for the past three years is disgraceful.”
“Today’s decision is an enormous relief to our clients and we urge the Home Secretary to close the camp and bring our clients here without any further delay so that they can begin their recovery.”
“The change in the UK government’s position is a very welcome step,” said Simon Robinson, of Duncan Lewis solicitors. “We are delighted. After three years living in inhumane conditions, having to fight various injustices in court on numerous occasions, the UK government has now decided that our clients should now come directly to the UK.”
“After three years living in inhumane conditions, having to fight various injustices in court on numerous occasions, His Majesty’s Government [HMG] has now decided that our clients should now come directly to the UK. We hope that HMG will now take urgent steps to give effect to this decision.”
“It looks like a dream. I don’t know what to think,” one Tamil said, according to the BBC.
A report released by the UN refugee agency called for “immediate relocation” after it detailed findings of violence, abuse and arbitrary detention of the migrants on Diego Garcia. Over the summer, Paul Candler, then-commissioner of British Indian Ocean Territory (BIOT), requested the UK government to bring all of the migrants to the UK following mass incidents of self-harm. There have also been hunger strikes, which lawyers state have included children. Some of the Tamils had been transferred to Rwanda to seek medical care.
“For three years I have been caged. Now they are releasing me but I don’t know what to do. I feel a bit blank,” one man in Rwanda said. “I am very happy because I am coming to the UK. I thought they would send me to some other country.”
Speaking to the Tamil Guardian, British parliamentarian Uma Kumaran said she welcoems the decision to "offer safe refuge in the UK to Tamils who have endured immense suffering in Diego Garcia".
"The right to come to the UK will include families, women and children who have faced years of uncertainty, isolation and harsh conditions - as well as threats to their physical safety," she added. "Offering them the right to come to the UK reflects our commitment to humanity and justice for refugees and notes the exceptional circumstances of this case. My hope is that this marks the start of a brighter, more secure future for them. I thank all those who have advocated tirelessly for their wellbeing."
However, the MP also said "there are serious questions to be asked about the troubling situation inherited by this Labour Government". "It went unresolved and forgotten about under the previous Conservative administration. Tamil migrants were left to languish in Diego Garcia for over 1000 days without representation or basic rights. I will continue to press for answers and hold those responsible to account."
Asked about Diego Garcia on Monday, the prime minister's official spokesman called it a "deeply troubling situation", saying it was never "a suitable long-term location".
The group of Tamils fled in October 2021, attempting to reach Canada to claim asylum before their boat came into trouble near Diego Garcia.
