Reprieve:- The British Government is this week expected to announce that 210,000 sq km around the Chagos Islands in the Indian Ocean will become the world’s largest marine reserve.
Sadly, the proposed legislation fails to protect members of the controversial species homo sapiens.
Diego Garcia, the largest of the Chagos Islands, has been used for illegal rendition and detention of Reprieve clients Mohammed Saad Iqbal Madni and Mustafa Setmarian Naser. The strange omission of the homo sapiens species in the new legislation raises serious questions as to why they should not be afforded the same legal protections as marine life.
On the 1st March Clive Stafford Smith raised Reprieve’s concerns with the Foreign Secretary in a letter (full version may be downloaded Here):
More than 30 years ago, the entire population of the Chagos Islands was removed to Mauritius against their will, to make way for an American military base. It seems unlikely that conservation law would have allowed for the wholesale destruction of the natural habitat of, say, Dendrodoris tuberculosa (the warty sea slug), in order to build such a base – but this was perhaps the first example of the warty sea slug having greater rights than the lowly homo sapiens in the region.
The current legal position in BIOT is bizarre. Almost uniquely amongst states, the territorial waters of the BIOT only extend out to 3 nautical miles, rather than the 12 miles allowed by international law. Inside the 3 mile limit, in theory, the species Homo sapiens has reasonable legal protection. BIOT’s laws roughly mirror those of England and Wales. There should be no detention without trial, no kidnapping and no rendition. Torture is a crime. The Geneva Conventions have the force of law. A court system exists to enforce the basic rights of members of this life form..
However, beyond 3 miles, these legal protections for Homo sapiens have no application. The BIOT courts and BIOT police have no jurisdiction to prevent the capture, torture or even the killing of members of the species if, for example, they are dragged onto a prison ship against their will by some people in American uniforms.
Indeed, we are currently representing a member of our species, Mohammed Saad Iqbal Madni, in his claim against the FCO. As you know, Mr Madni was subjected to ‘extraordinary’ rendition (i.e. kidnapping for torture) via Diego Garcia.
Tthe effect of your proposals would be peculiar. All other animal and fish life will enjoy protection up to 200 miles out from Diego Garcia. In addition to the worthy warty sea slug, every polyp of Gardineroseris planulata (honeycomb coral), and every Chaetodon trifascialis (chevron butterflyfish) will enjoy strict protection from being captured, killed or mistreated many miles from land. It seems that the only exception will be for our own taxonomic group, who will not be included in this wide-ranging and sensible proposal.
Reprieve Director, Clive Stafford Smith said :
“On Diego Garcia you may be arrested for violating the rights of a Warty Sea Slug, but no-one will object if you land a plane with a kidnapped, shackled, hooded man trapped in a coffin-shaped box. This happened to our client, Mr Madni, and it cannot be right. We fully support the Government’s plan to protect sea slugs on the island – but only if Homo Sapiens are to be given the same protection.” (ht2 Earwicga)