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Gurkha Justice Campaign -- a victim of its own success?

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Gurkha veterans from across Nepal are putting the finishing touches on their ‘Ayo Joanna’ banners to welcome the renowned British actress and campaigner Joanna Lumley when she touches down at Tribhuvan Airport on Sunday afternoon, July 26th.



Whilst the veterans are preparing to celebrate their recently-won right to settle in the UK, there have been unconfirmed reports that up to 800 Gurkha places might be axed from the Brigade over the coming year. Commentators have been fast to make a link between the two: the Gurkha Justice Campaign (GJC), in its success, has made Gurkhas more costly to the British Army, and therefore damaged them in the long run.



But is this really true? Such commentators reveal their lack of grasp on the facts. The GJC was concerned exclusively with fighting for UK settlement rights for veterans who retired before 1997. It has absolutely no effect on the benefits that new recruits are entitled to. In fact, all Gurkhas discharged from the British Army after 1 July 1997, the date that Hong Kong’s sovereignty was transferred from Britain to China, have always been entitled to settle in the UK. Prior to that date, the Brigade of Gurkhas of the British Army had been based in Hong Kong, and, at the end of their career, the Gurkhas would be discharged in Nepal, where they would then remain. Once the British flag was lowered over Hong Kong for the last time, the Brigade of Gurkhas was transferred to the UK, and is now based in Folkestone, Kent. Gurkhas today are no longer discharged in Nepal, but rather in the UK, where they and their families can remain, if they so chose.



And rightly so. If someone is prepared to die for a country, surely they should be allowed to live in it. This, in fact, was one of the arguments that made the campaign for UK settlement rights for all Gurkhas, and not just those that retired after 1997, so powerful. There were many other factors, of course: the work of immigration lawyers that resulted in a High Court ruling in September 2008, stating that existing rules on Gurkha settlement were irrational and unlawful; the overwhelming support of Members of Parliament that culminated in a vote defeating the Government; and, of course, the tireless campaigning of Joanna Lumley, whose father’s life had been saved by Tul Bahadur Pun in his heroic efforts that won him the Victoria Cross, Britain’s highest military decoration. But ultimately, it was public opinion that swayed it, the support of ordinary British men and women. The Gurkhas occupy a special place in their affections, not just for their results in the battlefield, but also in the way their determination, bravery and loyalty is present in every aspect of their daily lives.



If the number of new Gurkha intake is reduced over the years – and it is a big if – this would be as part of much wider spending cuts in the military. Currently at £34 bn, the military budget has been rising steadily since the invasion of Iraq in 2003, and there is now mounting pressure for cut-backs. This could result in the scrapping of a whole array of programmes, equipment purchasing plans and so forth. It is naive to think that cutting back on the Gurkhas will make any significant impact on the overall expenditure; and it is simply inaccurate to suggest that the success of the Gurkha Justice Campaign has any impact on the cost of currently-serving Gurkhas. The goal was simply to bring entitlements of veterans discharged before 1997 in line with those already enjoyed by present Gurkhas. During the course of this campaign, the British public made clear their support for the older generation of Gurkhas. If there are now plans to cut back on the younger generation of Gurkhas, the public might not take this lightly. According to Peter Carroll, of the Gurkha Justice Campaign, "They would be mad to do this. There´d be a huge outcry. The army is disastrously over­stretched and Gurkhas are better at staying the course. Very few drop out. Our campaign has not made them more expensive."



The cost of current recruits to the Brigade of Gurkhas is undoubtedly higher than it was in the past, when Gurkhas only enjoyed a fraction of the benefits of their British counterparts and comrades. After having served in the British Army for 200 years, the Gurkhas are now able to enjoy benefits that their predecessors could only dream of. They now have better salaries, better pensions, better entitlements than in any time in the past. It is only fair that they have this – blatant discrimination between Gurkhas and British soldiers might have been acceptable 200 years ago, but it is not acceptable in the 21st century. In fact, that is precisely why these measures have been gradually introduced over the recent years. This is cause for celebration, and no Gurkha – whether retired 40 years ago, or recently recruited - should be made to feel guilty about their entitlements, or about their struggle for entitlements.



(McPherson is immigration lawyer with Howe & Co Solicitors)



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