Dozens of Sri Lanka Tamil migrants stranded on remote UK Territory of Diego Garcia

New Delhi: BBC News correspondents, Alice Cuddy and Swaminathan Natarajan, have shared a poignant tale of boat migrants who found themselves stranded on a remote British territory in the Indian Ocean known as Diego Garcia.

According to the BBC, dozens of migrants have been marooned for months on this tiny island after being rescued from their ailing fishing boat. They are desperate to find a haven, describing the conditions they face as harrowing. However, the unique legal status of the island has left them feeling fearful and helpless.

The incident unfolded on 3 October 2021 when a 50ft (15m) fishing boat, struggling near the shores of Diego Garcia, caught the attention of the island's authorities. Diego Garcia is home to a secretive UK-US military base, located hundreds of miles away from any other populated area, where unauthorized visitors are strictly prohibited.

Onboard the fishing boat were 89 Sri Lankan Tamils who were fleeing persecution and seeking a better life in a developed country. Their original plan was to reach Canada, but rough weather and engine troubles caused them to veer off course.

The migrants were escorted by a Royal Navy ship to the island, where they were initially provided temporary accommodation. However, 20 months have since passed, and communication between the island's officials and London indicates why the migrants, some of whom have attempted suicide due to their dire situation, are still stranded. Reports suggest that the migrants, Sri Lankan Tamils had set sail from Tamil Nadu in India and "expressing a wish to be sent to a safe country."

Obtained through a Freedom of Information request by a lawyer representing some of the migrants, the communications reveal that officials were grappling with the "unprecedented development" and uncertain about how to proceed.

The Tamils had presented a letter to the British forces' commander on the island, stating their intention to seek asylum and expressing a desire to be relocated to a safe country. Some of them claimed to have ties with the former Tamil Tiger rebels in Sri Lanka and alleged persecution, including instances of torture and sexual assault.

An "information note" from London's director of overseas territories, Paul Candler, acknowledged that this marked the first time asylum was sought on British Indian Ocean Territory (BIOT), the official name for the islands. The note also outlined that the UK government was "aware of the incident" and actively working to resolve the situation.

More boats carrying migrants arrived on Diego Garcia, and at one point, the camp's population swelled to an estimated 150 individuals, according to lawyers. The BBC story sheds light on the migrants' firsthand sufferings, including accounts of rape, misery, and suicides in the distressing and suffocating conditions.

When asked for comment on specific claims, both the UK government and G4S, the private security company responsible for guarding the migrant camp, did not respond according to BBC.

G4S stated that its officers treated the migrants with dignity and respect at all times, while a UK government spokesperson emphasized that the welfare and safety of the migrants were of utmost importance, and all allegations of mistreatment were taken seriously and fully investigated. The spokesperson added that extensive medical support was being provided by the BIOT administration.

Lawyers have reported hunger strikes on the island, involving children as well. The BIOT administration refuted these allegations in court documents, stating that measures were taken to prevent self-harm during one hunger strike, including the removal of sharp objects from the camp.

Diego Garcia is part of the Chagos Islands, which Britain took control of from Mauritius in 1965, leading to the expulsion of more than 1,000 people to make way for the military base. The base has been used for various military operations, including sending planes to bomb Afghanistan and Iraq. There have also been reports of it being utilized as a CIA "black site" for housing and interrogating terror suspects.

Legal complexities surrounding the treatment of asylum seekers in the British Indian Ocean Territory (BIOT), specifically Diego Garcia. Despite the UK's adherence to international refugee laws, these laws are deemed not applicable to BIOT, as it is considered constitutionally distinct from the UK.

A separate process has been established to determine whether the migrants should be returned to Sri Lanka or sent to a "safe third country" to avoid torture or inhumane treatment.

Lawyer Tessa Gregory has launched a judicial review challenging the fairness of this process. The UK government states that the BIOT administration is considering the migrants' protection claims in line with international obligations.

Concerns have been raised by the UNHCR and Human Rights Watch regarding the deteriorating health situation in Diego Garcia. The UK has declined to accept any approved asylum seekers from Diego Garcia, although a few were temporarily sent to Rwanda for medical treatment. The search for a long-term solution continues, leaving the migrants in a state of prolonged uncertainty and despair after 20 months.