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Full-text, Exhibit-B: March 21 2002
Declaration of Michael C. Lucarelli
(Captain, US Navy)
Deportation/exile of the Chagos Islanders

United States District Court for the District of Columbia

 

	)
Olivier Bancoult, et al.,	)
Plaintiffs,	)
)
v.	)
)
Robert S. Mcnamara, et al.,	)
Defendants.	)
	)

Defendant United States of America’s Motion to Dismiss and Memorandum in Support of Defendant United States’ Motion to Dismiss

{separate document}

 

{Full-text, exhibit-B}

United States District Court for the District of Columbia

 

	)
Bancoult, et al.,	)
Plaintiffs,	)
)
v.	)
)
United States of America;	)
De Chazal Du Mee,	)
Defendants.	)
	)

Declaration of Michael C. Lucarelli, Captain, United States Navy

I, Captain Michael C. Lucarelli, United States Navy, pursuant to 28 U.S.C. 1746, declare as follows:

Introduction

1.  My name is Michael C. Lucarelli. I am the Commanding Officer of United States Navy Support Facility Diego Garcia, a command situated in the British Indian Ocean Territory, the sovereign territory of the United Kingdom. My position is also that of the Commander in Chief, U.S. Pacific Command Representative, Diego Garcia and Regional Coordinator for all U.S. military activities onboard Diego Garcia. In these roles, I serve as the U.S.’ on-island diplomatic counterpart to the Commanding Officer of Royal Naval Party 1002, the British Representative. My command is responsible for supporting forward deployed forces to the Indian Ocean and Arabian Gulf Areas of Responsibility in support of U.S. foreign policy.

2.  The atoll of Diego Garcia, though only 10.5 square miles in area, is the largest of 52 islands that form the Chagos Archipelago, located in the Indian Ocean. The British Indian Ocean Territory (“B.I.O.T.”) was formed in 1965 and, at the time, came under the administrative control of the British government of the Seychelles. In 1976, when the Republic of Seychelles {p.2} gained its independence, B.I.O.T. became a self-administering territory under the East African Desk of the British Foreign Office.

3.  Diego Garcia and the other islands that encompass the Archipelago (including, among others, Peros Banhos, the Egmont Islands and the Salomon Islands) are governed by the United Kingdom’s Foreign Secretary, through the Foreign & Commonwealth Office, as one of their Overseas Territories.

4.  Pursuant to a 1966 formal agreement effected by an exchange of notes between the United States Government and the Government of the United Kingdom, known as the British Indian Ocean Territory Agreement or “B.I.O.T. Agreement,” a true and correct copy of which is attached to this Declaration (several amendments to that agreement have been incorporated over the years, and are attached with the B.I.O.T. Agreement), the Archipelago was made available to satisfy the defense needs of both governments.

5.  The initial presence of a United States military command on Diego Garcia came into being with the operational establishment in 1973 of the U.S. Naval Communication Station. Through the 1976 Exchange of Notes, U.S. Navy Support Facility Diego Garcia was established with its mission of providing defense communications and supporting ships and aircraft owned or operated by or on behalf of either the U.S. or U.K. B.I.O.T. Agreement of 1976.

6.  The B.I.O.T. Agreement explicitly provides that

B.I.O.T. Agreement of 1966, Annex II, Paragraph 1(a)(ii).

7.  The B.I.O.T. Agreement additionally makes clear that the United States exercises no jurisdiction over any persons on the island not members of the United States military: {p.3}

B.I.O.T. Agreement of 1966, Annex II, Paragraph 1(d).

8.  The B.I.O.T. Agreement further provides that access to Diego Garcia is restricted to United States and British military personnel, British officials, contract personnel, who are subject to British immigration requirements, and scientific researchers whom Britain, at its discretion, may allow on the island if their research does not unreasonably interfere with the military mission. B.I.O.T. Agreement of 1976, Paragraph 4; B.I.O.T. Agreement of 1982, Paragraphs 1 and 2.

9.  All persons embarking or departing Diego Garcia, including United States military personnel, are subject to British Customs and Immigration controls and must pass through British Customs upon their arrival and departure. All baggage is subject to search by British Customs officials and unauthorized weapons, drugs, and other contraband under B.I.O.T. law are confiscated. Violators of B.I.O.T. law are subject to arrest and detention by local British authorities and any confinement, fines or other penalties as determined by the British courts.

10.  The United States provides a list to British Customs of all persons who are expected to arrive at Diego Garcia, and the official nature of their visit. In accordance with the Foreign Clearance Guide, Department of Defense 4500.45G {sic: DoD Directive 4500.54, May 1 1991, 10kb.txt, 26kb.pdf}, individual clearance requests are made via official message traffic (or by official letter from DG-21 in the case of their contractor personnel) to U.S. Navy Support Facility by the requesting organization on behalf of their personnel. In addition to accommodation and transportation details, such requests indicate the party’s name, rank, {p.4} position, citizenship (if non-U.S.) and organization, itinerary and local point of contact to sufficiently justify the nature of the request, and statements regarding whether meetings will take place with foreign government officials or will involve disclosure of classified information. Travel to and through Diego Garcia is permitted only when there is an official business justification for the trip. No layovers, stopovers or leave (military vacation) are authorized. Special requests for access to Diego Garcia are again covered by the B.I.O.T. Agreement of 1976, at Paragraph 4 and

11.  Upon request for entry into the territorial seas of B.I.O.T. at Diego Garcia, the British Representative will determine the eligibility of the vessel and persons aboard for entry. Non-U.S. or U.K. flagged vessels (with the exception of vessels contracted for the purpose of carrying island provisions) are turned away as a matter of course, other than in bona fide emergency. Persons on board hired contract vessels docking in Diego Garcia who do not themselves have official business on the Island (apart from delivery of their ship’s cargo) are frequently ordered by British Customs officials to remain on board and not disembark.

For example, in requests for a port visit for emergency medical assistance, the British Representative very rarely allows the vessel entry into the port, however, medical, security and British customs officials meet the vessel at sea to secure the injured party alone for treatment and/or evacuation as appropriate.

The same provisions are applicable to landing requests made by aircraft, with a strict application of British law enforced by the British Representative and only operationally approved missions under the Agreement and bona fide emergencies being granted approval. B.I.O.T. Agreement of 1966, Paragraph 6. {p.5}

12.  As referenced above, U.S. Navy Support Facility plays host to 23 tenant commands and personnel from the U.S. Navy, Air Force, Army and Marine Corps and provides a variety of support services to the operations of forward deployed forces. In both Operation Desert Shield/Desert Storm and Operation Enduring Freedom, Diego Garcia played a visible role in the success of these military efforts in support of U.S. and U.K. foreign policy objectives. Operation in a secure environment is vital to the success of any mission. First, operational security (OPSEC) must be maintained in order to ensure that secure information is not disclosed to known or potential adversaries. Our Mission Statement of “One Island, One Team, One Mission” is carried out by an island population that is truly in the game together. A common understanding of this mission exists throughout not only our U.S., U.K., and coalition service personnel, but is also shared by our contract workers. We are all here for the sole purpose of providing a defense facility on behalf of the U.S. and U.K. governments. Diligent background checks are conducted to ensure that new employees will not pose a hazard to the personnel and assets onboard and the contractor population is very tight-knit community, giving us great confidence in their dedication and loyalty to our shared cause. Next, a solid physical security plan must protect the personnel and assets assembled on station for their ultimate objective. Whether this takes the form of an offensive mission, defense of the installation itself, information gathering, etc., it is imperative that the operating waters, runways and individual worksites be secure from internal and external threat. Once again, the background checks, B.I.O.T. Agreement provisions on restricted access and the B.I.O.T. Immigration Ordinance are all initial measures utilized to minimize threat. Although I cannot discuss specific elements or measures in place due to security safeguards, various forces and instruments are stationed on or {p.6} around Diego Garcia by the U.K. to maintain their sovereign interest and by U.S. forces to ensure that this physical integrity is always maintained.

13.  With obvious recognition that Diego Garcia is sovereign territory of the United Kingdom any immigration policy is appropriately directed to their government, security and safety considerations for the defense mission compel limitations on the population of this island. Diego Garcia is a relatively isolated environment that provides outstanding protection from both the curious and intrusive. Background checks and prior clearance are required of all individuals seeking to enter the facility. As you will note throughout the B.I.O.T. Agreement, operations onboard Diego Garcia necessarily refer to the singular nature of “the facility.” One asset or function cannot carry out the common operational objective detached from other essential elements. Due to the unique nature of the components of the mission carried out by the various commands spread throughout the island, comparison with notions of a traditional military “base” is not appropriate as there is and can be no fenceline to delineate the critical mission and protect the personnel and assets located onboard. Many constraints are vital to ensure the adequate safety of personnel that work and live on Diego Garcia. Our population resides in one sector of the island that best protects them from exposure hazards inherent to antennae operations and other potential harms that cannot be specifically addressed due to security concerns. From an operational standpoint, any re-population of other areas of Diego Garcia would either cripple vital military operations of the United States and United Kingdom, or unnecessarily hazard the health and welfare of such an introduced population.

14.  Re-settlement of any outer islands is once again subject to the laws and policies of their sovereign in the U.K. However, there would be detrimental impacts upon our operations if another population not associated with our common mission, and not subject to our screens and {p.7} safety provisions, were Chagos map to sit on our very doorstep. Encroachment on our national defense mission would be seen through curtailment of some operations, and dedication to greatly increased security and force protection provisions and would result in lower overall efficiency.

15.  A wide selection of support services is provided under the U.S. Navy’s Base Operating Support Contract (BOSC), currently held by DG-21, a Joint Venture consisting of SKE Support Services, Inc., managing partner; Day and Zimmermann, Inc.; and WS Atkins, Ltd. Contracted responsibilities of DG-21 include housing, food and transportation services, hazardous waste collection and transfer, custodial services, antenna maintenance, facilities and grounds maintenance, pest control, utility systems operation and maintenance, and solid waste collection and disposal. The United States contracts with DG-21 to provide these necessary services. DG-21 utilizes a subcontractor, De Chazal Du Mee (“DCCM”) to directly hire the contract workers throughout the region according to the necessary skill set and available labor market.

16.  The B.I.O.T. Agreement provides that:

B.I.O.T. Agreement of 1966, Paragraph 7.

17.  Relevant portions of the BOS contract on labor sourcing include: {p.8}

Base Operating Support Contract N62742-98-D-4500.

18.  The contract does not require or authorize exclusion of Chagossian people from contract employment.

19.  In my capacity as Commanding Officer, I have no knowledge that any U.S. Government employees responsible for administration of the Contract have expressly or implicitly authorized or condoned exclusion of Chagossian people from contract employment.

20.  I am aware of no action currently employed or undertaken in the past by the United States or United Kingdom to tolerate discrimination in the hiring process or against any contract employee in our operations at Diego Garcia, B.I.O.T. To the contrary, the above provisions call for hiring preferences to be used to support the hiring of workers possessing the necessary skills for the DG-21 contract. The U.S. contracts with DG-21 for specific services. While we are attentive to {p.9} the diversity of the workforce, possession of necessary skills, the necessarily remote work environment and the labor market of these two countries will account for fluctuation of the contracted workforce. For example, as the language of the Territory, both governments and the vast majority of people assigned to Diego Garcia is English, knowledge and daily use of the English language in all business affairs is a necessary skill required of all workers under the contract.

21.  In closing, I emphasize the critical importance that the United Kingdom’s British Indian Ocean Territory and Diego Garcia has played and is playing in our the joint defense of our nations’ interests. Along with our contractor and its employees, we form a cohesive unit dedicated to this common mission of ensuring and projecting safety and security throughout our Area of Responsibility.

22.  I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge, information and belief.

Executed on the 21st day of February 2002, at U.S. Navy Support Facility Diego Garcia, British Indian Ocean Territory.

{Signature}

Michael C. Lucarelli
Captain, United Slates Navy

Certified true copy
5 March 2002

{Signature}

Michael D. Lawrence
LT, JAGC, USNR
Command Judge Advocate
Navy Support Facility
Diego Garcia

Michigan P#55969

 

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.

Posted Dec. 10 2002. Updated May 16 2008.

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