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London's diplomatic backlash reverberates in Washington, but there is also support from President Obama and others

Frank conversation: British Foreign Secretary David Miliband, left, called US Secretary of State Hillary Clinton (right) to express the UK's view on the transfer of the former Guantanamo prisoners to Bermuda.

British Foreign Secretary David Miliband yesterday revealed he had spoken to US Secretary of State Hillary Clinton to voice his displeasure at the transfer of four Guantanamo detainees to Bermuda.

And Mr Miliband appeared to indicate that Britain was not prepared to take on more former detainees saying the country already had 13 and did not feel it should take on more.

Four Uighurs, Chinese Muslims, relocated to Bermuda last Thursday without prior consultation with UK authorities, Governor Sir Richard Gozney or Cabinet.

Premier Dr. Ewart Brown said the issue was an immigration matter and therefore under the remit of the Bermuda Government. However, the Governor and the Foreign and Commonwealth Office (FCO) say it is an issue of foreign affairs and security and therefore under the remit of the British Government.

Yesterday Mr. Miliband was giving evidence before a House of Commons Foreign Affairs Select Committee when he was asked about Bermuda and the Uighurs.

He told the hearing that he did not feel the UK should take any more Guantanamo inmates, having allowed 13 to resettle already. "The UK has done its bit in terms of Guantanamo," he said.

Mr. Miliband indicated his frustration that the four detainees were transferred to Bermuda without any consultation with the UK, which is responsible for the Island's security, defence and foreign affairs.

"We are obviously in touch with the American authorities," he said. "I've spoken to Secretary Clinton about it. I gave her my explanation of what I believe."

Asked whether it was a frank conversation, Mr Miliband said: "It's always a friendly conversation with Hillary Clinton. But we have no doubts about what should have happened in this case and it didn't."

He disputed that the resettlement of the Uighurs was an immigration matter, as Dr. Brown claims.

"It shouldn't have been decided by the Bermudians on their own," Mr. Miliband told the committee. "The Bermudians said this was an immigration case and immigration is their province but actually anything to do with agreements with foreign countries requires the engagement of the United Kingdom."

The FCO declined to give further details of Mr. Miliband's conversation with Secretary Clinton, but called Bermuda's actions "unacceptable".

An FCO spokesman said: "It's clear that the US was given the impression that the Bermuda Government was competent to negotiate on this issue as an internal immigration matter. The onus was on the Bermuda Government to consult with the UK. Our position, and the Governor has raised this, is underlining that their action wasn't acceptable."

The FCO is now reevaluating the UK's General Entrustment Agreement with Bermuda. The 1968 agreement gives Bermuda the right to conduct foreign relations on behalf of Britain as long as the UK was consulted beforehand.

"In light of this case we're looking at operations of the General Entrustment Agreement," said the FCO spokesman, who was unable to elaborate on what changes could be made to the agreement.

Chairman of the House of Commons Foreign Affairs Committee Mike Capes, the MP who oversaw yesterday's hearing, has added his voice to the chorus of disapproval from UK politicans.

"The proper authority here is the British Government which is responsible for security and foreign policy of Bermuda," Mr. Capes said. "The Bermuda Premier and the US should have consulted with and received the approval of the Foreign and Commonwealth Office before they did anything of this kind. The FCO and Governor should make absolutely clear to the Premier the correct constitutional position."

Meanwhile, there has been support for Dr. Brown's actions from humanitarian organisations, including Amnesty International, Human Rights Watch, Constitution Project and Reprieve.

Two representatives of the Foreign Affairs Oversight Subcommittee in the US Congress also wrote to Dr. Brown to congratulate him on the decision, calling the Premier "a moral leader".

"In a politically difficult situation, you have shown yourself to be a humanitarian and a friend of the United States," said subcommittee chair Bill Delahunt and ranking member Dana Rohrabacher in the letter.

US President Barack Obama has also thanked Bermuda for allowing the four Uighurs to resettle on the Island, saying at a White House press conference with Italian Prime Minister Silvio Berlusconi on Monday: "I have to say, by the way, that Bermuda has done us a great service, as well, on that front, and I'm grateful to them."

In an address to business executives at the Insurance Day summit yesterday morning, Dr. Brown reiterated his position that the resettlement was an immigration issue, therefore the province of the Bermuda Government rather than the UK. He added that Bermuda has done "what's right" by taking in the Uighurs.

"I have said all along that this decision was an immigration matter with potential political overtones," he said. "I am gratified that on yesterday's local news, two Queen's Counsels told all of Bermuda that their legal opinion is exactly what ours was when we acted immigration matters are within the right and control of the Bermuda government."

"Now, Government House and Great Britain disagree because of the political overtones. And the political overtones have played at a deafening pitch over the past few days, and have given me deep regret, not about the decision, because I know the decision was made for all the right reasons. I regret that the decision has caused my people disaffection and turmoil. It is a textbook lesson in political backlash.

"But from where I stand political backlash has never been permission to walk away from what's right. It was back in 2001 that these Uighur men were snatched from freedom.

"It was almost a year ago that they were cleared 100 percent by US courts. And country after country had an opportunity to take them, and many walked away. It was a long list I'm sure and Bermuda was not at the top. But when Bermuda was faced with an opportunity to do what's right I could not walk away. Being small does not mean we can not lead."

He also claimed that "until a few days ago, no country had taken exonerated detainees since President Obama announced the prison would close".

He told the gathered insurance executives that the Uighur decision was not part of a reciprocal agreement, but noted that the Island's relationship with the US has been strengthened by the resettlement.

"Our agreement to take four Chinese Muslim refugees from Guantanamo Bay was not part of a quid pro quo," he said. "I don't have a "here's what we got" list to hold up today. But what I do have is the supreme confidence that Bermuda's relationship with the United States, its partnership with the United States, is better today than it was one week ago, one month ago, one year ago. That can only mean good things for the continued success of the country and the continued success of your companies."

Dr. Brown met with the Governor Sir Richard Gozney yesterday following a mass protest at the Cabinet building, where between 800 and 1,000 residents joined together in calling for the Premier to step down.

Sir Richard has also met with other politicians in recent days, but declined to give further details, other than to say that he will not be interfering with local politics.

He is due to give a press conference this morning and intends to brief the public on the UK's reaction to the Uighur issue then.

"Ahead of that I don't plan to talk publicly about the meetings which I have had with politicians at Government House on Tuesday," he said. "The Governor of the day is not the person whom politicians of either party will expect to see influencing local politics in any way. Nor should the Governor; nor would this Governor."