British Indian Ocean Territory’s Compliance Regulations Go Under the Radar

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The British Indian Ocean Territory (BIOT) Administration has quietly published revised compliance regulations in 2020, raising concerns about transparency and accountability.

A Lack of Publicity

The revised regulations were consolidated into chapters and made available on the Zotero Library, but there was little to no publicity given to the revision. The BIOT Administration only shared the revised laws with a select few in April 2022, despite repeated requests from officials at the Foreign, Commonwealth & Development Office (FCDO).

Unpublished Changes

The revised regulations were not published in the Official Gazette, adding to the lack of transparency surrounding the regulation. It is unclear whether this constitutes a comprehensive revision or if certain areas were prioritized.

A History of Secrecy

The secrecy surrounding BIOT legislation is nothing new. In 1971, Foreign Office legal adviser Anthony Aust noted that publicity for new laws would be “minimal” due to the limited circulation of the BIOT Gazette. This lack of transparency has continued to this day.

Missing Gazettes

In 2010, the British Library received a large number of missing Gazettes after extensive correspondence with the BIOT Administration.

The Lack of Democratic Scrutiny

The laws of the BIOT derive their authority from the Royal Prerogative and are enacted by the Commissioner without democratic scrutiny or input from the UK Parliament. The Commissioner has never been resident in the territory, instead residing in London.

Copyright Concerns

The BIOT Administration has also claimed copyright over each Ordinance since 2017, sparking concerns about transparency and compliance with UK Open Government Licence requirements.

Enforceability of Laws

Following an Advisory Opinion by the International Court of Justice in 2019, there is growing doubt as to whether any laws enacted by the BIOT administration are enforceable under customary international law.

Questions Remain

As the situation continues to unfold, questions remain about the true extent of these revised regulations and their implications for the British Indian Ocean Territory.