Gurkha Justice Campaign
Encyclopedia
The Gurkha Justice Campaign is a campaign
group in the United Kingdom
fighting for the rights of the Gurkha
s.
It wants the Gurkhas who fought for the UK to gain the same rights as their British and Commonwealth counterparts. Essentially the group wants the law to be changed so that all Gurkhas who fought for the UK will gain a right of abode
, whereas under previous legislation they only had a right of abode if they retired after 1997. They took their case to the high court, and have the support of a number of celebrities including perhaps most famously Joanna Lumley
.
changed the rules so that Gurkhas who retired after 1997 would be allowed to settle in the UK, 1997 being the date when the Gurkha Brigade headquarters moved from Hong Kong
to Britain. Soldiers who retired before this date, however, were only allowed the same settlement rights in exceptional circumstance. The Gurkha Justice Campaign wanted the same settlement rights for all Gurkha soldiers.
In 2008, the high court
ruled that the policy had been illegal since the process used to determine pre-1997 applications was deemed arbitrary. The Government of Gordon Brown
agreed to produce new rules. However, when these were unveiled on 24 April 2009, the Gurkhas were furious because there was no automatic right to settle in the UK for all veterans. Indeed, Gurkhas who wanted to settle in the UK would have to meet one or more of five requirements. These were;
Campaigners claimed that under the rules, only around 100 Gurkhas would qualify for residence, although the government figures suggested that as many as 4,300 would be eligible to settle. The rules would disqualify many from being able to settle in the United Kingdom, as indicated by an article which appeared in The Economist
:
The campaign is also supported by the Liberal Democrats
.
, whose father served in the 6th Gurkha Rifles
,, became the public face of the campaign to provide all Gurkha veterans who served in the British Army before 1997 the right to settle in Britain, and ran a highly publicised and successful campaign. Those serving after 1997 had already been granted permission but the UK Government has not extended the offer to all of the Gurkhas, who are natives of Nepal
. They have served Britain for more than 200 years with over 50,000 dying in service, and 13 have been awarded the Victoria Cross
. On 20 November 2008, Ms. Lumley led a large all party group including Gurkhas starting from Parliament Square to 10 Downing Street with a petition signed by 250,000 people. She supports the Gurkha Justice Campaign. On 24 April 2009 she stated that she was "ashamed" of the UK administration's decision to affix five criteria to the Gurkhas' right to settle in the UK. With the support of both Opposition parties and Labour rebel MPs on 29 April 2009 a Liberal Democrat motion that all Gurkhas be offered an equal right of residence was passed, allowing Gurkhas who served before 1997 residence in the UK. Following the Government defeat, the Minister for Immigration
Phil Woolas
announced that a further review would be completed by the middle of July.
On 5 May Joanna Lumley said that she had received private assurances of support from a senior member of the Royal Family
, and attended a meeting with British Prime Minister Gordon Brown
at 10 Downing Street
the following day. Afterwards she described the meeting as "extremely positive", and praised Mr Brown, saying, "I trust him. I rely on him. And I know that he has now taken this matter into his own hands and so today is a very good day."
However, on the day following the meeting with Mr Brown, five Gurkha veterans who had applied for residency in the United Kingdom received letters telling them that their appeals had been rejected. Ms Lumley confronted Phil Woolas at the BBC Westminster studios about the issue and, after pursuing him around the studio, the pair held an inpromptu press conference in which she pressured him into agreeing to further talks over the issue.
Following a Commons Home Affairs Committee
meeting in which talks were held between campaigners, the Ministry of Defence
and the Home Office
on 19 May, Gordon Brown announced to the House of Commons on 20 May that the Home Secretary
Jacqui Smith
would make a statement on the issue the following day. Ms Smith subsequently announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would be allowed to settle in Britain.
Political campaign
A political campaign is an organized effort which seeks to influence the decision making process within a specific group. In democracies, political campaigns often refer to electoral campaigns, wherein representatives are chosen or referendums are decided...
group in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
fighting for the rights of the Gurkha
Gurkha
Gurkha are people from Nepal who take their name from the Gorkha District. Gurkhas are best known for their history in the Indian Army's Gorkha regiments, the British Army's Brigade of Gurkhas and the Nepalese Army. Gurkha units are closely associated with the kukri, a forward-curving Nepalese knife...
s.
It wants the Gurkhas who fought for the UK to gain the same rights as their British and Commonwealth counterparts. Essentially the group wants the law to be changed so that all Gurkhas who fought for the UK will gain a right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
, whereas under previous legislation they only had a right of abode if they retired after 1997. They took their case to the high court, and have the support of a number of celebrities including perhaps most famously Joanna Lumley
Joanna Lumley
Joanna Lamond Lumley, OBE, FRGS is a British actress, voice-over artist, former-model and author, best known for her roles in British television series Absolutely Fabulous portraying Edina Monsoon's best friend, Patsy Stone, as well as parts in The New Avengers, Sapphire & Steel, and Sensitive...
.
Background
Until 2004 Gurkhas were not allowed to settle in the United Kingdom. However, the Labour government under Tony BlairPremiership of Tony Blair
The Premiership of Tony Blair began on 2 May 1997 and ended on 27 June 2007. While serving as Prime Minister of the United Kingdom, Blair concurrently served as the First Lord of the Treasury, the Minister for the Civil Service, the Leader of the Labour Party , and a Member of Parliament for the...
changed the rules so that Gurkhas who retired after 1997 would be allowed to settle in the UK, 1997 being the date when the Gurkha Brigade headquarters moved from Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
to Britain. Soldiers who retired before this date, however, were only allowed the same settlement rights in exceptional circumstance. The Gurkha Justice Campaign wanted the same settlement rights for all Gurkha soldiers.
In 2008, the high court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
ruled that the policy had been illegal since the process used to determine pre-1997 applications was deemed arbitrary. The Government of Gordon Brown
Premiership of Gordon Brown
The Premiership of Gordon Brown began on 27 June 2007, when Brown accepted the Queen's invitation to form a government, replacing Tony Blair as the Prime Minister of the United Kingdom, and ended with his resignation as Prime Minister on 11 May 2010...
agreed to produce new rules. However, when these were unveiled on 24 April 2009, the Gurkhas were furious because there was no automatic right to settle in the UK for all veterans. Indeed, Gurkhas who wanted to settle in the UK would have to meet one or more of five requirements. These were;
- Three years continuous residence in the UK during or after service
- Close family in the UK
- A bravery award of level one to three
- Service of 20 years or more in the Gurkha brigade
- Chronic or long-term medical condition caused or aggravated by service
Campaigners claimed that under the rules, only around 100 Gurkhas would qualify for residence, although the government figures suggested that as many as 4,300 would be eligible to settle. The rules would disqualify many from being able to settle in the United Kingdom, as indicated by an article which appeared in The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
:
Veterans would be allowed to settle only if they met one or more conditions based on length of service, gallantry or related illness. Many of the requirements seemed designed to frustrate: for example, one way to qualify automatically was by soldiering for at least 20 years, though most rank-and-file Gurkhas serve for only 15. Another was to prove that a long-term medical condition was caused or worsened by active service—a tall order for those whose injuries were sustained decades ago.
The campaign is also supported by the Liberal Democrats
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
.
Joanna Lumley and the Gurkhas
In 2008 the actress Joanna LumleyJoanna Lumley
Joanna Lamond Lumley, OBE, FRGS is a British actress, voice-over artist, former-model and author, best known for her roles in British television series Absolutely Fabulous portraying Edina Monsoon's best friend, Patsy Stone, as well as parts in The New Avengers, Sapphire & Steel, and Sensitive...
, whose father served in the 6th Gurkha Rifles
6th Queen Elizabeth's Own Gurkha Rifles
The 6th Queen Elizabeth's Own Gurkha Rifles was a regiment of the British Indian Army, before being transferred to the British Army following India's independence. Originally raised in 1817 as part of the army of the British East India Company, the regiment has been known by a number of names...
,, became the public face of the campaign to provide all Gurkha veterans who served in the British Army before 1997 the right to settle in Britain, and ran a highly publicised and successful campaign. Those serving after 1997 had already been granted permission but the UK Government has not extended the offer to all of the Gurkhas, who are natives of Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
. They have served Britain for more than 200 years with over 50,000 dying in service, and 13 have been awarded the Victoria Cross
Victoria Cross
The Victoria Cross is the highest military decoration awarded for valour "in the face of the enemy" to members of the armed forces of various Commonwealth countries, and previous British Empire territories....
. On 20 November 2008, Ms. Lumley led a large all party group including Gurkhas starting from Parliament Square to 10 Downing Street with a petition signed by 250,000 people. She supports the Gurkha Justice Campaign. On 24 April 2009 she stated that she was "ashamed" of the UK administration's decision to affix five criteria to the Gurkhas' right to settle in the UK. With the support of both Opposition parties and Labour rebel MPs on 29 April 2009 a Liberal Democrat motion that all Gurkhas be offered an equal right of residence was passed, allowing Gurkhas who served before 1997 residence in the UK. Following the Government defeat, the Minister for Immigration
Minister of State for Borders and Immigration
The Minister of State for Immigration is a Minister of State in the Home Office of the Government of the United Kingdom. The current minister is Damian Green MP who was appointed to his new post following the formation of a coalition government under David Cameron at the 2010 general...
Phil Woolas
Phil Woolas
Philip James Woolas was a British Labour Party politician who was the Member of Parliament for Oldham East and Saddleworth from his election in 1997 to 2010. He was the Minister of State for Borders and Immigration in the Home Office, as well as being the Minister of State for the Treasury...
announced that a further review would be completed by the middle of July.
On 5 May Joanna Lumley said that she had received private assurances of support from a senior member of the Royal Family
British Royal Family
The British Royal Family is the group of close relatives of the monarch of the United Kingdom. The term is also commonly applied to the same group of people as the relations of the monarch in her or his role as sovereign of any of the other Commonwealth realms, thus sometimes at variance with...
, and attended a meeting with British Prime Minister Gordon Brown
Gordon Brown
James Gordon Brown is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010. He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007...
at 10 Downing Street
10 Downing Street
10 Downing Street, colloquially known in the United Kingdom as "Number 10", is the headquarters of Her Majesty's Government and the official residence and office of the First Lord of the Treasury, who is now always the Prime Minister....
the following day. Afterwards she described the meeting as "extremely positive", and praised Mr Brown, saying, "I trust him. I rely on him. And I know that he has now taken this matter into his own hands and so today is a very good day."
However, on the day following the meeting with Mr Brown, five Gurkha veterans who had applied for residency in the United Kingdom received letters telling them that their appeals had been rejected. Ms Lumley confronted Phil Woolas at the BBC Westminster studios about the issue and, after pursuing him around the studio, the pair held an inpromptu press conference in which she pressured him into agreeing to further talks over the issue.
Following a Commons Home Affairs Committee
Home Affairs Select Committee
The Home Affairs Select Committee is a Committee of the House of Commons in the Parliament of the United Kingdom.-Remit:The Home Affairs Committee is one of the House of Commons Select Committees related to government departments: its terms of reference are to examine "the expenditure,...
meeting in which talks were held between campaigners, the Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
and the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
on 19 May, Gordon Brown announced to the House of Commons on 20 May that the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Jacqui Smith
Jacqui Smith
Jacqueline Jill "Jacqui" Smith is a member of the British Labour Party. She served as the Member of Parliament for Redditch from 1997 until 2010 and was the first ever female Home Secretary, thus making her the third woman to hold one of the Great Offices of State — after Margaret Thatcher and...
would make a statement on the issue the following day. Ms Smith subsequently announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would be allowed to settle in Britain.