Notre Dame and Lateral Thinking 298
France is a country which has spent hundreds of billions of euros on nuclear Weapons of Mass Destruction, and hundreds of billions of euros on other military capabilities. France possesses the technological capability to utterly flatten a city the size of Paris in minutes. Yet it does not possess the technological capability to prevent one of its greatest buildings from being destroyed by fire.
If the many trillions spent all around the world on the research, development and production of instruments of destruction had been devoted to peaceful purposes instead, what new technologies might we have now? It is not a huge step in lateral thinking to imagine that in such a world, more might have been available to save Notre Dame – and Grenfell – than too short ladders and hoses squirting water.
I posted this simple idea on twitter a couple of hours ago. As with all my twitter posts, right wing trolls came in to dispute my point very quickly. Their posts are worth reading because they so stunningly miss the point. They talk about standard lengths of firefighting ladders and about water pressure. They appear completely unable to even register, let alone extrapolate from, the notion that had the resources mankind has squandered on agents of destruction been better used, we might have different technologies.
John Stuart Mill once stated in parliament: “I did not mean that Conservatives are generally stupid; I meant, that stupid persons are generally conservative. I believe that to be so obvious and undeniable a fact that I hardly think any hon. Gentleman will question it.” I have always believed that right wing “thought” is a misnomer, and right wing views are rather characterised by absence of meaningful intellectual activity. Furthermore, those touted as right wing “thinkers”, such as Roger Scruton, Patrick Minford or David Starkey, if studied with any rigour, are the greatest proof of this. But it is seldom that you see such clear evidence as the responses to that little tweet. If I had devised that tweet as an experiment to demonstrate the hypothesis of the intellectual incapacity of the conservative mind, it could not have worked better.
My condolences to all for the loss of a great building. One day, perhaps mankind will learn that we do not in reality defend what we have by spending vast amounts of our available resources and capacity for communal activity in preparing to destroy as much as we are physically capable of destroying.
Chelsea and Julian are in Jail. History Trembles. 942
Tonight both Chelsea Manning and Julian Assange are in jail, both over offences related to the publication of materials specifying US war crimes in Afghanistan and Iraq, and both charged with nothing else at all. No matter what bullshit political and MSM liars try to feed you, that is the simple truth. Manning and Assange are true heroes of our time, and are suffering for it.
If a Russian opposition politician were dragged out by armed police, and within three hours had been convicted on a political charge by a patently biased judge with no jury, with a lengthy jail sentence to follow, can you imagine the Western media reaction to that kind of kangaroo court? Yet that is exactly what just happened in London.
District Judge Michael Snow is a disgrace to the bench who deserves to be infamous well beyond his death. He displayed the most plain and open prejudice against Assange in the 15 minutes it took for him to hear the case and declare Assange guilty, in a fashion which makes the dictators’ courts I had witnessed, in Babangida’s Nigeria or Karimov’s Uzbekistan, look fair and reasonable, in comparison to the gross charade of justice conducted by Michael Snow.
One key fact gave away Snow’s enormous prejudice. Julian Assange said nothing during the whole brief proceedings, other than to say “Not guilty” twice, and to ask a one sentence question about why the charges were changed midway through this sham “trial”. Yet Judge Michael Snow condemned Assange as “narcissistic”. There was nothing that happened in Snow’s brief court hearing that could conceivably have given rise to that opinion. It was plainly something he brought with him into the courtroom, and had read or heard in the mainstream media or picked up in his club. It was in short the very definition of prejudice, and “Judge” Michael Snow and his summary judgement is a total disgrace.
We wrapped up the final Wikileaks and legal team meeting at 21.45 tonight and thereafter Kristian Hrafnsson and I had dinner together. The whole team, including Julian, is energised rather than downhearted. At last there is no more hiding for the pretend liberals behind ludicrous Swedish allegations or bail jumping allegations, and the true motive – revenge for the Chelsea Manning revelations – is now completely in the open.
To support the persecution of Assange in these circumstances is to support absolute state censorship of the internet. It is to support the claim that any journalist who receives and publishes official material which indicates US government wrongdoing, can be punished for its publication. Furthermore this US claim involves an astonishing boost to universal jurisdiction. Assange was nowhere near the USA when he published the documents, but nonetheless US courts are willing to claim jurisdiction. This is a threat to press and internet freedom everywhere.
These are scary times. But those may also be the most inspiring of times.
UPDATE
We are reassembling Wikileaks/Julian legal and media team from 10am Friday in Doughty Street Chambers. I and others will be available for further media interviews from then. I can be reached on 07979 691085.
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Goin’ Doon the Watter 541
UPDATE: Craig is on way back to London to be with Wikileaks following the arrest of Julian Assange under the Extradition Act. He does still intend to speak at Rothesay.
Scotland Yard statement:
Julian Assange, 47, (03.07.71) has today, Thursday 11 April, been further arrested on behalf of the United States authorities, at 10:53hrs after his arrival at a central London police station. This is an extradition warrant under Section 73 of the Extradition Act. He will appear in custody at Westminster Magistrates’ Court as soon as possible.
I am speaking in Rothesay at St Paul’s Church Hall, Deanhood Place, at 2pm on Saturday. I am heading back up to Scotland today. I will be there in any circumstances, and will dash back down afterwards should events with Julian and Wikileaks require. I have incidentally had a definitive reply from the Embassy of Ecuador that I am not allowed to visit Julian even though he has asked me to; definitive evidence that Assange is now being treated by Moreno as a prisoner.
I have to confess I have never been to the Isle of Bute, despite a very bad impression of Andy Stewart singing “Goin’ Doon the Watter fur the Fair” being one of the large variety of embarrassing things I am liable to do when drunk. I look forward to it enormously and am grateful to Rothesay Historical Society for hosting me. I always fret that nobody will turn up to hear me and am very honoured when people do.
As ever, I do not know exactly what I will say until I stand up. But I have in mind touching on Scotland’s right to self-determination and the routes to Independence through international recognition. I will argue that a referendum is one route but not the only one, and while I accept it is the most desirable way forward, I shall advance other avenues that might be quite legally pursued if a referendum is blocked, stressing that a nation’s Independence is exclusively a matter of international law, not domestic law.
I shall argue that the Scottish government needs to get on with it and it is a massive mistake to allow the UK government to recover from its chaos and process the Brexit debacle. Scotland should act before the UK regroups, not after.
I shall also argue that just as the Scots have the right of self-determination, so do the English. It is not just bad tactics for the SNP to prioritise stopping Brexit over Independence, it is wrong. The English plainly voted to leave the EU and it is not Scotland’s role to thwart the democratic will of the English people. Scotland should become Independent, and remain an EU member, as its people voted. England and Wales should leave the EU as their people voted, and those who truly believe in Scottish Independence should realise it is not our right to prevent the English from doing what they self-determine. Let’s get Independence and do our own thing, leaving them to do theirs.
There needs to be a referendum on Irish unification.
I shall also ramble around Wikileaks, the Mueller report, the Skripal saga, the Integrity Initiative, and answer questions in any other area. Time now to start back up the A1!
On the Pavement with Wikileaks 364
Entirely unexpectedly, I have been down in London this last three days outside and around the Ecuadorean Embassy, following WikiLeaks’ announcement that their sources indicate Julian might be expelled within hours or days. Plainly Julian’s position within the Embassy has deteriorated fundamentally, to the extent he is now treated openly as a closely guarded prisoner. I still have not myself been granted permission to visit him and he is now very isolated.
Nothing has happened so far this weekend, though I stated from the start that if the police were going to move in. the most likely time would be 4am on Monday morning. There is a thought that the massive media presence occasioned by Wikileaks’ announcement may have succeeded in deterring President Moreno from the expulsion. Let us hope that will prove the case.
I am very exhausted, having been more or less on 24 hour watch for three days. It was also somewhat difficult to tell Nadira her birthday celebration had shifted without notice from a restaurant in Edinburgh to a wet pavement in London. But I was very pleased to have a very fruitful in depth conversation with Kristin Hrafnsson, editor in chief of Wikileaks. Our thoughts ran along these lines, and as this does not involve secrets but rather media handling, I see no harm in sharing these thoughts with you.
When Julian does leave the Embassy, whatever the circumstances in which he does that, it will be for a day or two the largest media story in the world and undoubtedly will lead all the news bulletins across every major country. The odds are that he will be leaving and facing a fight against extradition to the United States, on charges arising from the Chelsea Manning releases which revealed a huge amount about US war crimes and other illegal acts.
It will be very important to try to focus a hostile media on why it is Julian is actually wanted for extradition. Not for the non-existent collusion with Russia to assist Trump, which is an entirely fake narrative. Not for meetings with Manafort which never happened. Not for the allegations in Sweden which fell apart immediately they were subject to rational scrutiny. And not for any nonsense about whether he hacked the communications in the Embassy or cleaned up the cat litter.
This is not going to be an easy task because pretty well all of the Western media is going to want to focus on these false anti-Assange narratives, and they will be determined to give as little attention as possible to the fact he is a publisher facing trial for publishing leaked state documents which revealed state wrongdoing. It is a classic and fundamental issue of freedom of speech and freedom of the press. Drawing together a team that can get this message across in such MSM windows as are afforded, as well as through social media, is an important task. The team needs to be in readiness and to be backed by a suitable support infrastructure that can be dusted off and sprung into action. The public framing of Julian’s position will undoubtedly impact on the final outcome; that is why the MSM have put in such a consistent effort to demonise one of the most interesting figures and original thinkers of our time.
If the balloon really had gone up this weekend, we would have been woefully unprepared to deal with the task of explaining the true story. If nothing else, this weekend’s alarm has been very helpful in concentrating minds on the size of the task.
Julian Assange: Socialists and Liberals Must Now Choose Their Side. 661
Cassandra Fairbanks’ account of her visit to Julian in the Ecuadorean Embassy paints a truly harrowing picture of the conditions in which he is being held. Last week after receiving a message from Julian I applied to the Ecuadorean Embassy to go and see him. I have done this many times but a new regime has established involving forms and strict time windows.
The Ecuadorean Embassy claim not to have received my email with the application, which is peculiar as I received no undeliverable message and bcc copyees received it. I therefore re-sent it with a new email advising they may change the date and time if the original is not now achievable. I have heard nothing so far in response.
Chelsea Manning is currently entering her fourth week of solitary confinement for refusing to testify against Assange before a grand jury. The United States wishes to extradite Julian Assange to face charges, not of collusion with the non-existent “Russiagate”, not with a sexual offence stitch-up. They wish to charge him with publishing the evidence of extensive US war crimes in Iraq and Afghanistan, and with publishing the US diplomatic cables including the one I drew on last week which prove that the US and UK conspired to establish a marine reserve around the Chagos Islands as an environmental fraud to maintain the deportation of the islanders from what is now the US nuclear and torture base.
Many tens of billions of dollars are spent every year on western security services, and they are not stupid. The use of contrived sexual allegations to detach progressive figures from their support base is well established practice. But the allegations against Assange in Sweden are long gone, never reached the stage of a charge, and fell away immediately once Assange was finally interviewed by Swedish police and prosecutors in the Embassy. The whole Russiagate fabrication has been exploded as the media confection it always was.
The false left and liberals have until now been delighted to hide behind Russiagate or Sweden to avoid asking themselves the fundamental question. Julian Assange is merely a journalist and publisher. The fundamental question is, should a journalist or publisher be locked up for life for publishing leaked documents showing war crimes? If the answer is yes, where is press freedom?
That is now the unavoidable question. The security service patsies at the Guardian, however, prefer to retail ludicrous accusations from CIA asset Lenin Moreno – accusations motivated by the revelation of Moreno’s Panamanian offshore accounts – in frenzied efforts to maintain the tactic of diversion.
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Muellergate and the Discreet Lies of the Bourgeoisie 242
This cartoon seems to me very apposite. The capacity of the mainstream media repeatedly to promote the myth that Russia caused Clinton’s defeat, while never mentioning what the information was that had been so damaging to Hillary, should be alarming to anybody under the illusion that we have a working “free media”. There are literally hundreds of thousands of mainstream media articles and broadcasts, from every single one of the very biggest names in the Western media, which were predicated on the complete nonsense that Russia had conspired to install Donald Trump as President of the United States.
I genuinely have never quite understood whether the journalists who wrote this guff believed it, whether they were cynically pumping out propaganda and taking their pay cheque, or whether they just did their “job” and chose to avoid asking themselves whether they were producing truth or lies.
I suspect the answer varies from journalist to journalist. At the Guardian, for example, I get the impression that Carole Cadwalladr is sufficiently divorced from reality to believe all that she writes. Having done a very good job in investigating the nasty right wing British Establishment tool that was Cambridge Analytica, Cadwalladr became deluded by her own fame and self-importance and decided that her discovery was the key to understanding all of world politics. In her head it explained all the disappointments of Clintonites and Blairites everywhere. She is not so high-minded however as to have refused the blandishments of the Integrity Initiative.
Luke Harding is in a different category. Harding has become so malleable a tool of the security services it is impossible to believe he is not willingly being used. It would be embarrassing to have written a bestseller called “Collusion”, the entire premiss for which has now been disproven, had Harding not made so much money out of it.
Harding’s interview with Aaron Mate of The Real News was a truly enlightening moment. The august elite of the mainstream media virtually never meet anybody who subjects their narrative to critical intellectual scrutiny. Harding’s utter inability to deal with unanticipated scepticism descends from hilarious to toe-curlingly embarrassing.
In general, since the Mueller report confirmed that $50 million worth of investigation had been unable to uncover any evidence of Russiagate collusion, the media has been astonishingly unrepentant about the absolute rubbish they have been churning out for years.
Harding and the Guardian’s story about Manafort repeatedly calling on Assange in the Ecuador Embassy is one of the most blatant and malicious fabrications in modern media history. It has been widely ridiculed, no evidence of any kind has ever been produced to substantiate it, and the story has been repeatedly edited on the Guardian website to introduce further qualifications and acknowledgements of dubious attribution, not present as originally published. But still neither Editor Katherine Viner nor author Luke Harding has either retracted or apologised, something which calls the fundamental honesty of both into question.
Manafort is now in prison, because as with many others interviewed, the Mueller investigation found he had been involved in several incidences of wrongdoing. Right up until Mueller finalised his report, media articles and broadcasts repeatedly, again and again and again every single day, presented these convictions as proving that there had been collusion with Russia. The media very seldom pointed out that none of the convictions related to collusion. In fact for the most part they related to totally extraneous events, like unrelated tax frauds or Trump’s hush-money to (very All-American) prostitutes. The “Russians” that Manafort was convicted of lobbying for without declaration, were Ukrainian and the offences occurred ten years ago and had no connection to Trump of any kind. Rather similarly the lies of which Roger Stone stands accused relate to his invention, for personal gain, of a non-existent relationship with Wikileaks.
The truth is that, if proper and detailed investigation were done into any group of wealthy politicos in Washington, numerous crimes would be uncovered, especially in the fields of tax and lobbying. Rich political operatives are very sleazy. This is hardly news, and if those around Clinton had been investigated there would be just as many convictions and of similar kinds. it is a pity there is not more of this type of work, all the time. But the Russophobic motive behind the Mueller Inquiry was not forwarded by any of the evidence obtained.
My analysis of the Steele dossier, written before I was aware that Sergei Skripal probably had a hand in it, has stood the test of time very well. It is a confection of fantasy concocted for money by a charlatan.
We should not forget at this stage to mention the unfortunate political prisoner Maria Butina, whose offence is to be Russian and very marginally involved in American politics at the moment when there was a massive witchhunt for Russian spies in progress, that makes The Crucible look like a study in calm rationality. Ms Butina was attempting to make her way in the US political world, no doubt, and she had at least one patron in Moscow who was assisting her with a view to increasing their own political influence. But nothing Butina did was covert or sinister. Her efforts to win favour within the NRA were notable chiefly because of the irony that the NRA has been historically responsible for many more American deaths than Russia.
Any narrative of which the Establishment does not approve is decried as conspiracy theory. Yet the “Russiagate” conspiracy theory – which truly is Fake News – has been promoted massively by the entire weight of western corporate and state media. “Russiagate”, a breathtaking plot in which Russia and a high profile US TV personality collude together to take control of the most militarily powerful country in the world, knocks “The Manchurian Candidate” into a cocked hat. A Google “news search” restricts results to mainstream media outlets. Such a search for the term “Russiagate” brings 230,000 results. That is almost a quarter of a million incidents of the mainstream media not only reporting the fake “Russiagate” story, but specifically using that term to describe it.
Compare that with a story which is not an outlandish fake conspiracy theory, but a very real conspiracy.
If, by contrast, you do a Google “news search” for the term “Integrity Initiative”, the UK government’s covert multi million pound programme to pay senior mainstream media journalists to pump out anti-Russian propaganda worldwide, you only get one eighth of the results you get for “Russiagate”. Because the mainstream media have been enthusiastically promoting the fake conspiracy story, and deliberately suppressing the very real conspiracy in which many of their own luminaries are personally implicated.
Furthermore – and this is a truly tremendous irony, which relates back to the cartoon at the start – only two of the top ten news results for “Integrity Initiative” come from the Western corporate media.
And this next fact comes nearly into the “too good to be true” category for my argument. Those two MSM mentions, from Sky News and the Guardian, do not complain of the covert anti-Russian propaganda campaign that is the Integrity Initiative. They rather complain that it was an alleged “Russian hack” that made the wrongdoing public!! You could not make it up, you really could not.
According to the mainstream media, it is not Hillary Clinton’s fault for conspiring with the DNC to cheat Bernie out of the nomination, it is Russia’s fault for allegedly helping to reveal it. It is not the British government’s, or their media collaborators’, fault for running a covert propaganda scheme to dupe the public of the UK and many other countries, it is the Russians’ fault for allegedly helping to reveal it!
Which brings us full circle to the DNC leak that sparked Muellergate and the claims that it was the Russians who lost Hillary the election. Robert Mueller repeats the assertion from the US security services that it was Russian hackers who obtained the DNC emails and passed them on to Wikileaks. I am telling you from my personal knowledge that this is not true.
Neither Mueller’s team, not the FBI, nor the NSA, nor any US Intelligence agency, has ever carried out any forensic analysis on the DNC’s servers. The DNC consistently refused to make them available. The allegation against Russia is based purely on information from the DNC’s own consultants, Crowdstrike.
William Binney, former Technical Director of the NSA (America’s US$40 billion a year communications intercept organisation), has proven beyond argument that it is a technical impossibility for the DNC emails to have been transmitted by an external hack – they were rather downloaded locally, probably on to a memory stick. Binney’s analysis is fully endorsed by former NSA systems expert Ed Loomis. There simply are no two people on the planet more technically qualified to make this judgement. Yet, astonishingly, Mueller refused to call Binney or Loomis (or me) to testify. Compare this, for example, with his calling to testify my friend Randy Credico, who had no involvement whatsoever in the matter, but Mueller’s team hoped to finger as a Trump/Assange link.
Randy Emerges From His Evidence Session Displaying A Great Taste in Reading Material
The DNC servers have never been examined by intelligence agencies, law enforcement or by Mueller’s team. Binney and Loomis have written that it is impossible this was an external hack. Wikileaks have consistently stressed no state actor was involved. No evidence whatsoever has been produced of the transfer of the material from the “Russians” to Wikileaks. Wikileaks Vault 7 release of CIA documents shows that the planting of false Russian hacking “fingerprints” is an established CIA practice. Yet none of this is reflected at all by Mueller nor by the mainstream media.
“Collusion” may be dead, but the “Russiagate” false narrative limps on.
I should add it seems to me very probable Russia did make some efforts to influence the US election. I worked a a British diplomat for 20 years and spent a lot of time trying to influence political outcomes in the country in which I was posted, in Eastern Europe and in Africa. It is part of the geopolitical game. The United States is of course the world leader by a long way in attempting to influence elections abroad, spending hundreds of millions of dollars to that effect in countries including Ukraine, Georgia, Ecuador and Venezuela recently, and pretty well everywhere in Africa. It is a part of normal diplomatic life.
Mueller uncovered some high level influence-broking meetings. This is what states do. He uncovered some sleazy deals. This is what rich people do. He uncovered some US $110,000 of Facebook ad spending from Russia targeted on the USA, some of which promoted sex toys, some of which was post-election, but some of which was apparently trying to assist Trump against Clinton. Compared to the amount the USA pumps into similar arms length assistance to Putin opponents in Russia alone, it was negligible. That this tiny bit of Facebook advertising crucially impacted the US $13,000,000,000 PR campaigns of the candidates is a ludicrous proposition.
That every country stay out of every other country’s politics is arguably desirable. It is not however the status quo, and the United States is in the worst position of all to complain.
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Muellergate Maps
I would be very grateful if someone with the ability to do internet topological node mapping could produce a couple of maps for me for “Russiagate” and “Integrity Initiative” over the past nine months. It is important that other parameters are the same for a direct comparison.
I am writing a piece on the collapse of the Russiagate narrative. I make the point that the MSM promoted the crazed and untrue “Russiagate” conspiracy theory to an astonishing degree. At the same time, the MSM almost entirely ignored the very real government funded conspiracy to pervert public opinion which is the Integrity Initiative.
That the MSM promoted the Fake News Russiagate conspiracy, while only the alt media reported the genuine news of the real Integrity Initiative conspiracy, is beyond doubt true. But it would nevertheless be good to have those internet node maps to provide a striking illustration of that truth.
Chagos and the Dark Soul of the British Labour Party
Even if you think you know all about the Chagos story – an entire population forcibly removed from their island homeland at British gunpoint to make way for a US Air Force nuclear base, the people dumped destitute over a thousand miles away, their domestic animals gassed by the British army, their homes fired and demolished – then I beg you still to read this.
This analysis shows there could be no more startling illustration of the operation of the brutal and ruthless British Establishment in an undisguisedly Imperialist cause, involving actions which all reasonable people can see are simply evil. It points out that many of the key immoralities were perpetrated by Labour governments, and that the notion that either Westminster democracy or the British “justice” system provides any protection against the most ruthless authoritarianism by the British state, is utterly baseless.
Finally of course, there is the point that this is not only a historic injustice, but the injustice continues to the current day and continues to be actively promoted by the British state, to the extent that it is willing to take massive damage to its international standing and reputation in order to continue this heartless policy. This analysis is squarely based on the recent Opinionof the International Court of Justice.
Others have done an excellent job of chronicling the human stories and the heartache of the Islanders deported into penury far away across the sea. I will take that human aspect as read, although this account of one of the major forced transportations is worth reading to set the tone. The islanders were shipped out in inhuman conditions to deportation, starved for six days and covered in faeces and urine. This was not the 19th century, this was 1972.
The MV Nordvaer was already loaded with Chagossians, horses, and coconuts when it arrived at Peros Banhos. Approximately one hundred people were ultimately forced onto the ship. Ms. Mein, her husband, and their eight children shared a small, cramped cabin on the ship. The cabin was extremely hot; they could not open the portholes because the water level rose above them under the great weight of the overloaded boat. Many of the other passengers were not as fortunate as Ms. Mein and shared the cargo compartment with horses, tortoises, and coconuts. Ms. Mein remembers that the cargo hold was covered with urine and horse manure. The horses were loaded below deck while many human passengers were forced to endure the elements above deck for the entirety of the six-day journey in rough seas. The voyage was extremely harsh and many passengers became very sick. The rough conditions forced the captain to jettison a large number of coconuts in order to prevent the overloaded boat from sinking. Meanwhile, the horses were fed, but no food was provided for the Chagossians.
Rather than the human story of the victims, I intend to concentrate here, based squarely on the ICJ judgement, on the human story of the perpetrators. In doing so I hope to show that this is not just a historic injustice, but a number of prominent and still active pillars of the British Establishment, like Jack Straw, David Miliband, Jeremy Hunt and many senior British judges, are utterly depraved and devoid of the basic feelings of humanity.
There is also a vitally important lesson to be learnt about the position of the British Crown and the utter myth that continuing British Imperialism is in any sense based on altruism towards its remaining colonies.
Before reading the ICJ Opinion, I had not fully realised the blatant and vicious manner in which the Westminster government had blackmailed the Mauritian government into ceding the Chagos Islands as a condition of Independence. That blackmail was carried out by Labour Prime Minister Harold Wilson. The court documentation makes plain that the United States was ordering the British Government on how to conduct the entire process, and that Harold Wilson deliberately “frightened” Mauritius into conceding the Chagos Islands. This is an excerpt from the ICJ Opinion:
104. On 20 September 1965, during a meeting on defence matters chaired by the United Kingdom Secretary of State, the Premier of Mauritius again stated that “the Mauritius Government was not interested in the excision of the islands and would stand out for a 99-year lease”. As an alternative, the Premier of Mauritius proposed that the United Kingdom first concede independence to Mauritius and thereafter allow the Mauritian Government to negotiate with the Governments of the United Kingdom and the United States on the question of Diego Garcia. During those discussions, the Secretary of State indicated that a lease would not be acceptable to the United States and that the Chagos Archipelago would have to be made available on the basis of its detachment.
105. On 22 September 1965, a Note was prepared by Sir Oliver Wright, Private Secretary to the United Kingdom’s Prime Minister, Sir Harold Wilson. It read: “Sir Seewoosagur Ramgoolam is coming to see you at 10:00 tomorrow morning. The object is to frighten him with hope: hope that he might get independence; Fright lest he might not unless he is sensible about the detachment of the Chagos Archipelago. I attach a brief prepared by the Colonial Office, with which the Ministry of Defence and the Foreign Office are on the whole content. The key sentence in the brief is the last sentence of it on page three.”
106. The key last sentence referred to above read: “The Prime Minister may therefore wish to make some oblique reference to the fact that H.M.G. have the legal right to detach Chagos by Order in Council, without Mauritius consent but this would be a grave step.” (Emphasis in the original.)
107. On 23 September 1965 two events took place. The first event was a meeting in the morning of 23 September 1965 between Prime Minister Wilson and Premier Ramgoolam. Sir Oliver Wright’s Report on the meeting indicated that Prime Minister Wilson told Premier Ramgoolam that “in theory there were a number of possibilities. The Premier and his colleagues could return to Mauritius either with Independence or without it. On the Defence point, Diego Garcia could either be detached by order in Council or with the agreement of the Premier and his colleagues….”
I have to confess this has caused me personally radically to revise my opinion of Harold Wilson. The ICJ at paras 94-97 make plain that the agreement to lease Diego Garcia to the USA as a military base precedes and motivates the rough handling of the Mauritian government.
Against this compelling argument, Britain nevertheless continued to argue before the court that the Chagos Islands had been entirely voluntarily ceded by Mauritius. The ICJ disposed of this fairly comprehensively:
172. …In the Court’s view, it is not possible to talk of an international agreement, when one of the parties to it, Mauritius, which is said to have ceded the territory to the United Kingdom, was under the authority of the latter. The Court is of the view that heightened scrutiny should be given to the issue of consent in a situation where a part of a non-self-governing territory is separated to create a new colony. Having reviewed the circumstances in which the Council of Ministers of the colony of Mauritius agreed in principle to the detachment of the Chagos Archipelago on the basis of the Lancaster House agreement, the Court considers that this detachment was not based on the free and genuine expression of the will of the people concerned.
A number of the individual judges’ Opinions put his rather more bluntly, of which Judge Robinson gives perhaps the best account in a supporting Opinion which is well worth reading:
93. … The intent was to use power to frighten the Premier into submission. It is wholly unreasonable to seek to explain the conduct of the United Kingdom on the basis that it was involved in a negotiation and was simply employing ordinary negotiation strategies. After all, this was a relationship between the Premier of a colony and its administering Power. Years later, speaking about the so-called consent to the detachment of the Chagos Archipelago Sir Seewoosagur is reported to have told the Mauritian Parliament, “we had no choice”42It is also reported that Sir Seewoosagur told a news organization, the Christian Science Monitor that: “There was a nook around my neck. I could not say no. I had to say yes, otherwise the [noose] could have tightened.” It is little wonder then that, in 1982, the Mauritian Legislative Assembly’s Select Committee on the Excision of the Archipelago concluded that the attitude of the United Kingdom in that meeting could “not fall outside the most elementary definition of blackmailing”.
The International Court of Justice equally dismissed the British argument that the islanders had signed releases renouncing any claims or right to resettle, in return for small sums of “compensation” received from the British government. Plainly having been forcibly removed and left destitute, they were in a desperate situation and in no position to assert or to defend their rights.
At paragraphs 121-3 the ICJ judgement recounts the brief period where the British government behaved in a legal and conscionable manner towards the islanders. In 2000 a Chagos resident, Louis Olivier Bancoult, won a judgement in the High Court in London that the islanders had the right to return, as the colonial authority had an obligation to govern in their interest. Robin Cook was then Foreign Secretary and declared that the Foreign and Commonwealth Office would not be appealing against the judgement.
Robin Cook went further. He accepted before the UN Commission on Human Rights in Geneva that the UK had acted unlawfully in its treatment of the Chagos Islanders. And he repealed the Order in Council that de facto banned all occupation of the islands other than by the US military. Cook commissioned work on a plan to facilitate the return of the islanders.
It seemed finally the British Government was going to act in a reasonably humanitarian fashion towards the islanders. But then disaster happened. The George W Bush administration was infuriated at the idea of a return of population to their most secret base area, and complained bitterly to Blair. This was one of the factors, added to Cook’s opposition to arms sales to dictatorships and insistence on criticising human rights abuses by Saudi Arabia, that caused Tony Blair and Alastair Campbell to remove Robin Cook as Foreign Secretary.
Robin Cook was replaced by the infinitely biddable Jack Straw. There was never any chance that Straw – who received large donations to his office and campaign funds from British Aerospace – would stand against the interests of the arms industry or of the USA, particularly in favour of a few dispossessed islanders who would never be a source of personal donations.
Straw immediately threw Cook’s policy into reverse. Resettling the islanders was now declared “too expensive” an option. The repealed Order in Council was replaced by a new one banning all immigration to, or even landing on, the islands on security grounds. This “coincided” with the use of Diego Garcia, the Chagos island on which the US base is situate, as a black site for torture and extraordinary rendition.
Straw was therefore implicated not just in extending the agony of the deported island community, but doing so in order to ensure the secrecy of torture operations. I don’t have the vocabulary to describe the depths of Straw’s evil. This was New Labour in action.
The estimable Mr Bancoult did not give up. He took the British Government again to the High Court to test the legality of the new Order in Council barring the islanders, which was cast on “National security” grounds. On 11 May 2006, Bancoult won again in the High Court, and the judgement was splendidly expressed by Lord Hooper in a statement of decency and common sense with which you would hope it was impossible to disagree:
“The power to legislate for the “peace order and good government” of a territory has never been used to exile a whole population. The suggestion that a minister can, through the means of an Order in Council, exile a whole population from a British Overseas Territory and claim that he is doing this for the “peace, order and good government” of the Territory is, to us, repugnant.” (Para 142)
The judgement did not address the sovereignty of the islands.
Unlike Robin Cook, Jack Straw did appeal against the judgement, and the FCO’s appeal was resoundingly and unanimously rebuffed by the Court of Appeal. The Foreign and Commonwealth Office then appealed again to the House of Lords, and to general astonishment the Law Lords found in favour of the British government and against the islanders, by a 3-2 judgement.
The general astonishment was compounded by the fact that a panel of only 5 Law Lords had sat on the case, rather than the 7 you would normally expect for a case of this magnitude. It was very widely remarked among the legal fraternity that the 3 majority judges were the only Law Lords who might possibly have found for the government, and on any possible combination of 7 judges the government would have lost. That view was given weight by the fact that the minority of 2 who supported the islanders included the Lord Chief Justice, Lord Bingham.
The decision to empanel only 5 judges, and the selection of the UK’s three most right wing Law Lords for the panel, was taken by the Lord Chancellor’s office. And the Lord Chancellor was now – Jack Straw. The timing is such that it is conceivable that the decision was taken under Straw’s predecessor, Lord Falconer, but as he was Blair’s great friend and ex-flatmate and also close to Straw, it makes no difference to the Establishment stitch-up.
If your blood is not now sufficiently boiling, consider this. The Law Lords found against the islanders on the grounds that no restraint can be placed on the authority of the British Crown over its colonies. The majority opinion was best expressed by Lord Hoffman. Lord Hoffman’s judgement is a stunning assertion of British Imperial power. He states in terms that the British Crown exercises its authority in the interests of the UK and not in the interest of the colony concerned:
49. Her Majesty in Council is therefore entitled to legislate for a colony in the interests of the United Kingdom. No doubt she is also required to take into account the interests of the colony (in the absence of any previous case of judicial review of prerogative colonial legislation, there is of course no authority on the point) but there seems to me no doubt that in the event of a conflict of interest, she is entitled, on the advice of Her United Kingdom ministers, to prefer the interests of the United Kingdom. I would therefore entirely reject the reasoning of the Divisional Court which held the Constitution Order invalid because it was not in the interests of the Chagossians.
It is quite incredible to read that quote, and then to remember that the British government has just argued before the International Court of Justice that the ICJ does not have jurisdiction because the question is nothing to do with decolonisation but rather a bilateral dispute. Thankfully, the ICJ found this quite incredible too.
You may think that by the time it fixed this House of Lords judgement the British government had exhausted the wells of depravity on this particular issue. But no, David Miliband felt that he had to outdo his predecessors by being not only totally immoral, but awfully clever with it too. Under Miliband, the FCO dreamed up the idea of pretending that the exclusion of all inhabitants from around the USA leased nuclear weapon and torture site, was for environmental purposes.
The propagation of the Chagos Marine Reserve in 2010 banned all fishing within 200 nautical miles of the islands and, as the islanders are primarily a fishing community, was specifically designed to prevent the islanders from being able to return, while at the same time garnering strong applause from a number of famous, and very gullible, environmentalists.
As I blogged about this back in 2010:
The sheer cynicism of this effort by Miliband to dress up genocide as environmentalism is simply breathtaking. If we were really cooncerned about the environment of Diego Garcia we would not have built a massive airbase and harbour on a fragile coral atoll and filled it with nuclear weapons.
In retrospect I am quite proud of that turn of phrase. David Miliband was dressing up genocide as environmentalism. I stand by that.
While the ruse was obvious to anyone half awake, it does not need speculation to know the British government’s motives because, thanks to Wikileaks release of US diplomatic cables, we know that British FCO and MOD officials together specifically briefed US diplomats that the purpose was to make the return of the islanders impossible.
7. (C/NF) Roberts acknowledged that “we need to find a way to get through the various Chagossian lobbies.” He admitted that HMG is “under pressure” from the Chagossians and their advocates to permit resettlement of the “outer islands” of the BIOT. He noted, without providing details, that “there are proposals (for a marine park) that could provide the Chagossians warden jobs” within the BIOT. However, Roberts stated that, according to the HGM,s current thinking on a reserve, there would be “no human footprints” or “Man Fridays” on the BIOT’s uninhabited islands. He asserted that establishing a marine park would, in effect, put paid to resettlement claims of the archipelago’s former residents. Responding to Polcouns’ observation that the advocates of Chagossian resettlement continue to vigorously press their case, Roberts opined that the UK’s “environmental lobby is far more powerful than the Chagossians’ advocates.” (Note: One group of Chagossian litigants is appealing to the European Court of Human Rights (ECHR) the decision of Britain’s highest court to deny “resettlement rights” to the islands’ former inhabitants. See below at paragraph 13 and reftel. End Note.)
Incredible to say, that is still not the end of the ignominy of the British Establishment. As the irrepressible Chagossians continued their legal challenges, now to the “Marine reserve”, the UK’s new Supreme Court shamelessly refused to accept the US diplomatic cable in evidence, on the grounds it was a privileged communication under the Vienna Convention. This was a ridiculous decision which would only have been valid if there were evidence that the communication were obtained by another State, rather than leaked to the public by a national of the state that produced it. For a court to choose to ignore a salient fact is an abhorrent thing, but it allowed the British Establishment yet another “victory”. It was short lived, however.
Mauritius challenged the UK to arbitration before a panel constituted under Article 287 of the UN Convention on the Law of the Sea, a Convention I am happy to say I was directly involved in bringing into force, by negotiating and helping draft the Protocol. Mauritius argued that the UK could not ban fishing rights which it enjoyed both traditionally, and specifically as part of the agreement to cede the Chagos Islands. The UK brought four separate challenges to the jurisdiction of the panel, and lost every one, and then lost the main judgement. It is pleasant to note that acting for the Chagos Islands was Elizabeth Wilmshurst, the FCO Legal Adviser who had resigned her position, telling Jack Straw that the attack on Iraq constituted an illegal war of aggression.
Which brings us up to the present Opinion by the International Court of Justice after the government of Mauritius finally took resolute action to assert sovereignty over the islands. Astonishingly, having repudiated the decision of the Arbitration Panel on the Law of the Sea, very much a British-inspired creation, Jeremy Hunt has now decided to strike at the very heart of international law itself by repudiating the International Court of Justice itself, something for which there is no precedent at all in British history. I discuss the radical implications of this here with Alex Salmond.
This is apposite as throughout the 21st Century developments listed here in this continued horror story, the Chagossians’ cause was championed in the House of Commons by two pariah MPs outside the consensus of the British Establishment. The Chair of the All Party Parliamentary Group on the Chagos Islands was Jeremy Corbyn MP. His Deputy was Alex Salmond MP.
Chagos really is a touchstone issue, a key litmus test of whether people are in or out of the British Establishment. The attacks on Jeremy Corbyn, the manufactured witch-hunt on anti-semitism, all are designed to return the Labour Party to a leadership which will continue the illegal occupation of the Chagos Islands; the acid test of reliable pro-USA neo-conservative policy. The SNP, at least under Salmmond, was an open challenge to British imperialism and hopefully will remain so.
Chagos is a fundamental test of decency in British public life. If you know where a politician – or judge – stands on Chagos, most other questions are answered.
Discussing Chagos With Alex Salmond
Here is the video of my Chagos discussion with Alex.
It keeps disappearing from Youtube, so here is also a Facebook link https://www.fb.com/AlexSalmond/videos/2564398513631329/
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