| isolated freak |
Posted
on 19-Feb-03 09:06 AM
Now this is inetresting.
Gurkhas bring pay discrimination case
MoD accused of breaching soldiers' human rights
Clare Dyer, legal correspondent
Wednesday February 19, 2003
The Guardian
Cherie Booth QC yesterday accused her husband's government of institutionalised discrimination against Gurkha soldiers by subjecting them to less favourable pay and conditions than other members of Britain's armed forces.
Ms Booth, the wife of Tony Blair, launched a high court test case on behalf of seven former Gurkhas from Nepal who served with the British army.
She accused the Ministry of Defence of "irrational and discriminatory" treatment over their pay and conditions, which she said amounted to a continuing breach of their rights under the European convention on human rights.
"This case concerns what we say is systematic and institutionalised less favourable treatment of Gurkha soldiers in comparison with other members of the British armed forces on the grounds of their race and nationality," she told Mr Justice Sullivan.
"We say it is part of the culture of the British army, in which on the one hand Gurkhas are acknowledged to be brave fighters who have provided loyal service to the crown for nearly 200 years, and even today serve in Kuwait. But on the other hand, they are treated as different and inferior in relation to other parts of the British army on terms and conditions of service."
If the claim succeeds the government will have to offer the Gurkhas the same conditions of service, including pay and pension rights, as those of other British soldiers, at an estimated cost of £2bn.
The MoD is arguing that the claims should be dismissed on the ground that there has been no irrationality or unlawful discrimination under the human rights laws.
Government lawyers also argue there was too long a delay in the test cases being brought, and in any event the Gurkhas had an alternative remedy involving applying for redress through the army board.
The soldiers have had their hopes boosted by a high court victory in a separate case, in which three elderly ex-Gurkhas successfully challenged the MoD over their exclusion from compensation payments for the brutal treatment they suffered as prisoners of the Japanese.
In a ruling to be challenged in the court of appeal next month a judge said the decision to exclude Gurkhas from the £10,000 ex gratia compensation scheme had been both "irrational and racist".
Phil Shiner, solicitor for the seven former Gurkhas in the latest test case, said: "Gurkha soldiers have experienced discrimination for nearly 200 years and the MoD is going to fight this case tooth and nail.
"We are confident we have a strong case that such discrimination in 2003 is obnoxious and unacceptable, and we think the court will find so."
Ms Booth told the court that arrangements for recruiting Gurkhas, who normally served with the British army for 15 years or more, were formalised in a 1947 agreement between Britain, India and Nepal.
Many complaints had recently been dealt with by the MoD. But there were outstanding grievances relating to pay, pensions, retirement, and conditions of service.
She said families were separated and children were without their fathers through most of their 15 years of service. Their terms and conditions had been considerably improved, but the changes did not go far enough.
The hearing continues.
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