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The Secrecy Surrounding Anti-Corruption Laws in British Indian Ocean Territory

A Move That Has Raised Eyebrows

In a move that has raised eyebrows, the administration of the British Indian Ocean Territory (BIOT) has published revised ordinances and regulations governing the territory’s laws. However, the process has been shrouded in secrecy, sparking concerns about transparency and accountability.

A History of Secrecy

The secrecy surrounding BIOT legislation is nothing new. In 1971, a Foreign Office legal adviser noted that an ordinance aimed at deporting Chagos Islanders would be published in the BIOT Gazette with “minimal publicity”. This pattern has continued to this day.

  • Between 1965 and 2020, a total of 432 separate items of legislation have been enacted for the territory.
  • Few of these laws are publicly available, highlighting the lack of transparency in the governance of BIOT.
  • The British Library had to apply extensive correspondence and pressure to obtain missing Gazettes.

Who Makes the Laws?

The laws of BIOT derive their authority from the Royal Prerogative, with the Commissioner making laws without recourse to higher authority or democratic scrutiny. This includes the UK Parliament.

  • Certain other legislation applicable to colonies is enacted directly by Order in Council from the Foreign and Commonwealth Office (FCO) in London.
  • Critics argue that this lack of accountability and transparency undermines efforts to combat corruption and ensure good governance in the territory.

Access to Laws

Due to difficulties accessing BIOT legislation, copies of all Gazettes and laws affecting the territory have been placed online. However, some subsidiary legislation may not be complete.

  • The BIOT Administration has claimed copyright over each Ordinance, sparking questions about whether this is in line with UK copyright law or BIOT copyright law.

Questionable Enforceability

Following an Advisory Opinion by the International Court of Justice in 2019, there are doubts about the enforceability of laws made by an administration deemed unlawful “ab initio” under customary international law.

  • This raises serious questions about the legitimacy and effectiveness of anti-corruption efforts in BIOT.
  • As the situation continues to unfold, transparency advocates are calling for greater accountability and openness in the governance of British Indian Ocean Territory.