Latest news with #Chagossian
Mail & Guardian
30-07-2025
- Politics
- Mail & Guardian
Chagos Archipelago residents deserve reparations, not regrets
The Chagossian people remain forcibly and criminally displaced from their homeland. Photo: Andrew Winning/Reuters The agreement between the United Kingdom and Mauritius over the Chagos Archipelago, has been described by its prime minister as a 'victory for international law, for postcolonial justice and above all, for the Chagossian people'. But is it? Implementing international law in situations of colonial atrocities means more than resolution of territorial disputes; it means delivering justice and reparations to affected peoples. The Chagossian people remain forcibly and criminally displaced from their homeland. All governments, including South Africa, need to ensure that the UK, United States and Mauritius address that legacy and respect their rights and voices. The UK and US forcibly displaced the entire Chagossian people, more than 50 years ago, to build a US military base on Diego Garcia island, which remained a UK colony. This exile, based on UK and US officials' documented racism and lies denying the existence of the Chagossians, is a colonial crime against humanity that will continue as long as they are prevented from returning home. The new treaty, which recognises Mauritius's sovereignty over the islands, looks unlikely to end this crime. Some Chagossians have welcomed the treaty, seeing it as a key step in their decades-long struggle to return to their homeland. Its preamble refers to 'wrongs of the past' and both governments pledge to support 'the welfare of all Chagossians'. The text of the treaty suggests that Chagossians could return to all islands in the archipelago, except for Diego Garcia, the largest island and many people's homeland. But the details of the treaty guarantee little for the Chagossian people, including their right to return. This agreement risks not repairing the harm but perpetuating it. The International Court of Justice (ICJ), in its landmark 2019 advisory opinion, held that the UK's continued administration of the Chagos Archipelago was unlawful. Crucially, the ICJ recognised the forced removal of the Chagossians as a major injustice. This treaty is supposed to implement this opinion. Yet the Chagossians' rights barely feature in the treaty. There is no recognition of them as the Indigenous people of the islands, no reference to the right of return and no guarantee of their participation in future governance or management of finances. Resettlement is limited to the outer islands, excluding Diego Garcia. The treaty addresses sovereignty, territory and military interests but says very little about human rights and accountability. This is reflected in the lack of financial compensation for the Chagossians. The UK has pledged annual payments to Mauritius for the continued operation of the base and 'development projects'. These figures would total at least £10 billion [R234 billion] across the 99-year lifetime of the deal. In contrast, the treaty says that Chagossians will receive a one-off payment of £40 million — the same amount offered by the UK a decade ago, when it ruled out any right of return. There's no explanation, consultation or guarantee that the funds will support resettlement. To put it starkly: £40 million is less than 0.5% of the total financial arrangement. It is not reparations. It is a footnote. The right to return to one's homeland is a basic principle of international law. But the treaty deliberately excludes Diego Garcia from resettlement — effectively entrenching the crime of forced displacement. The treaty also appears to give the UK a veto over development anywhere in the islands, which could block any effort to rebuild communities. The UK and Mauritius should, at a minimum, make a clear and public declaration recognising the Chagossians' right of return and guaranteeing their involvement in rebuilding their homeland. The US and UK should prioritise their employment at the Diego Garcia base and support their return through infrastructure and economic investment. Despite vague references to implementing the treaty 'in accordance with international law', there is no express acknowledgment that binding human rights treaties or the Rome Statute of the International Criminal Court will apply in Chagos. This is particularly troubling, as Diego Garcia has long been a legal black hole — shielded from scrutiny over abuses such as torture. This treaty is not the end of the story. It is a test — not only of the UK's willingness to reckon with its colonial legacy but of the international community's commitment to justice and reparations for colonial crimes. The ICJ said the resettlement of the Chagossian people was the responsibility of the UN General Assembly. South Africa, the Caribbean nations, and other leaders of the global anti-colonial struggle, should take a stand there. They need to ensure that this implementation of the ICJ ruling on decolonisation also ensures the right of return of Chagossians to their homeland and reparations for the harm the UK and US have inflicted on them. Symbolic regret on its own is not justice. It is time for action — and for the Chagossians to return home. Clive Baldwin is a senior legal adviser, and Allan Ngari is the African advocacy director, at Human Rights Watch.
Scoop
13-06-2025
- Politics
- Scoop
Agreement Between Mauritius And The UK Fails To Guarantee Rights Of Chagossians Say UN Experts
Geneva,10 June 2025 The recently signed agreement between the United Kingdom and Mauritius fails to guarantee and protect the rights of the Chagossian people, including their right to return to Diego Garcia, effective remedy and reparations and their cultural rights, UN experts* said today. On 22 May 2025, the United Kingdom and Mauritius signed a bilateral agreement to return sovereignty over the Chagos Archipelago, including Diego Garcia, to Mauritius to complete the decolonisation of Mauritius following years of negotiations and international pressure, including from the International Court of Justice and the General Assembly. 'By maintaining a foreign military presence of the United Kingdom and the United States on Diego Garcia and preventing the Chagossian people from returning to Diego Garcia, the agreement appears to be at variance with the Chagossians' right to return, which also hinders their ability to exercise their cultural rights in accessing their ancestral lands from which they were expelled,' the experts said. They raised serious questions about whether the foreseen £40 million Trust Fund, which remains subject to yet-to-be adopted regulations, would comply with the right of the Chagossian people to effective remedy and adequate, effective, and prompt reparation, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. Most notably, the current agreement contains no provisions providing for the full panoply of the right to adequate and effective reparations as it does not provide restitution, satisfaction, and guarantees of non-repetition, the experts noted. The agreement also lacks provisions to facilitate the Chagossian people's access to cultural sites on Diego Garcia and protect and conserve their unique cultural heritage. 'In light of these significant concerns, we call for the ratification of the agreement to be suspended and for a new agreement to be negotiated that fully guarantees the rights of the Chagossian people to return to all islands of the Chagos Archipelago, including Diego Garcia. This includes their right to adequate and effective remedy and reparations, including restitution, satisfaction, and guarantees of non-repetition, as well as their cultural rights,' the experts said. The experts had previously raised concerns about continuous forced displacement of the Chagossian people and lack of their effective participation in decision-making processes concerning negotiations over the Chagos Archipelago, in letters to the governments of Mauritius and the United Kingdom on 21 February 2023 as well as through a press release on 10 October 2024. 'We are gravely concerned about the lack of meaningful participation of Chagossians in processes that have led to the agreement,' the experts said. They urged the Governments of the United Kingdom and Mauritius to apply a human rights-based approach in addressing historical injustices against the Chagossian people. The experts are in touch with the United Kingdom and Mauritius regarding these issues. *The experts: Nicolas Levrat, Special Rapporteur on minority issues; K.P. Ashwini, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, and Bina D'Costa, Working Group of Experts on People of African Descent.
North Wales Chronicle
11-06-2025
- Politics
- North Wales Chronicle
Chagossians want sovereignty deal to go ahead, says Mauritius legal adviser
Philippe Sands KC, who has represented Mauritius in its legal battle with the UK since 2010, told a House of Lords committee he wanted to 'knock on the head this idea that all of the Chagossians were not involved' in negotiations over the deal. His comments came a day after a panel of UN experts urged Prime Minister Sir Keir Starmer to abandon the agreement reached with Mauritius last month and negotiate a new one. The panel, appointed by the UN Human Rights Council, said it was 'gravely concerned about the lack of meaningful participation of Chagossians in the processes that have led to the agreement'. The experts also criticised the continuing bar on Chagossians returning to Diego Garcia, the largest of the islands, because of the ongoing presence of a joint UK-US military base. On Wednesday, Mr Sands told the Lords International Relations and Defence Committee: 'To be clear, it is not the case that Chagossians had no role in the negotiations. 'I can tell you that Chagossians in Mauritius and Seychelles were deeply involved in consulting with successive prime ministers of Mauritius and they attended the hearings at the International Court of Justice.' He added: 'I want to really knock on the head this idea that all of the Chagossians were not involved in the various processes. That is simply not true. 'It is true, however, that the Chagossian community is divided and I respect that division.' Earlier, he had told the committee that, while some UK-based Chagossians wanted the islands to remain British territory, 'most in Mauritius and Seychelles have made very clear…that they wish this deal to go ahead'. The Chagossians were expelled from the islands between 1965 and 1973 to make way for the Diego Garcia base and have not been allowed to Mr Sands told peers the 'quid pro quo' for the military base remaining on Diego Garcia was Chagossians would be allowed to settle on the outer islands of the archipelago. The deal follows a 2019 advisory opinion from the International Court of Justice saying the islands should be handed over to Mauritius. As well as establishing a £40 million fund for Chagossians, the UK has agreed to pay Mauritius at least £120 million a year for 99 years in order to lease back the Diego Garcia base – a total cost of at least £13 billion in cash terms. The deal also includes provisions preventing development on the rest of the archipelago without the UK's consent, which the Government has said will prevent countries such as China setting up their own facilities. The agreement has also been backed by the United States, the UN secretary general and the African Union, but heavily criticised by the Conservative Party as a 'surrender'. Mr Sands disagreed with that on Wednesday, saying the deal 'will enhance Britain's position in the world'. He said: 'I can tell you from personal experience, direct comments from countries, ambassadors, prime ministers, presidents around the world, this is seen as Britain back on the world (stage), acting honourably and decently, protecting its interests and safeguarding…the rule of law.'
Leader Live
11-06-2025
- Politics
- Leader Live
Chagossians want sovereignty deal to go ahead, says Mauritius legal adviser
Philippe Sands KC, who has represented Mauritius in its legal battle with the UK since 2010, told a House of Lords committee he wanted to 'knock on the head this idea that all of the Chagossians were not involved' in negotiations over the deal. His comments came a day after a panel of UN experts urged Prime Minister Sir Keir Starmer to abandon the agreement reached with Mauritius last month and negotiate a new one. The panel, appointed by the UN Human Rights Council, said it was 'gravely concerned about the lack of meaningful participation of Chagossians in the processes that have led to the agreement'. The experts also criticised the continuing bar on Chagossians returning to Diego Garcia, the largest of the islands, because of the ongoing presence of a joint UK-US military base. On Wednesday, Mr Sands told the Lords International Relations and Defence Committee: 'To be clear, it is not the case that Chagossians had no role in the negotiations. 'I can tell you that Chagossians in Mauritius and Seychelles were deeply involved in consulting with successive prime ministers of Mauritius and they attended the hearings at the International Court of Justice.' He added: 'I want to really knock on the head this idea that all of the Chagossians were not involved in the various processes. That is simply not true. 'It is true, however, that the Chagossian community is divided and I respect that division.' Earlier, he had told the committee that, while some UK-based Chagossians wanted the islands to remain British territory, 'most in Mauritius and Seychelles have made very clear…that they wish this deal to go ahead'. The Chagossians were expelled from the islands between 1965 and 1973 to make way for the Diego Garcia base and have not been allowed to Mr Sands told peers the 'quid pro quo' for the military base remaining on Diego Garcia was Chagossians would be allowed to settle on the outer islands of the archipelago. The deal follows a 2019 advisory opinion from the International Court of Justice saying the islands should be handed over to Mauritius. As well as establishing a £40 million fund for Chagossians, the UK has agreed to pay Mauritius at least £120 million a year for 99 years in order to lease back the Diego Garcia base – a total cost of at least £13 billion in cash terms. The deal also includes provisions preventing development on the rest of the archipelago without the UK's consent, which the Government has said will prevent countries such as China setting up their own facilities. The agreement has also been backed by the United States, the UN secretary general and the African Union, but heavily criticised by the Conservative Party as a 'surrender'. Mr Sands disagreed with that on Wednesday, saying the deal 'will enhance Britain's position in the world'. He said: 'I can tell you from personal experience, direct comments from countries, ambassadors, prime ministers, presidents around the world, this is seen as Britain back on the world (stage), acting honourably and decently, protecting its interests and safeguarding…the rule of law.'
South Wales Argus
11-06-2025
- Politics
- South Wales Argus
Chagossians want sovereignty deal to go ahead, says Mauritius legal adviser
Philippe Sands KC, who has represented Mauritius in its legal battle with the UK since 2010, told a House of Lords committee he wanted to 'knock on the head this idea that all of the Chagossians were not involved' in negotiations over the deal. His comments came a day after a panel of UN experts urged Prime Minister Sir Keir Starmer to abandon the agreement reached with Mauritius last month and negotiate a new one. The panel, appointed by the UN Human Rights Council, said it was 'gravely concerned about the lack of meaningful participation of Chagossians in the processes that have led to the agreement'. The experts also criticised the continuing bar on Chagossians returning to Diego Garcia, the largest of the islands, because of the ongoing presence of a joint UK-US military base. On Wednesday, Mr Sands told the Lords International Relations and Defence Committee: 'To be clear, it is not the case that Chagossians had no role in the negotiations. 'I can tell you that Chagossians in Mauritius and Seychelles were deeply involved in consulting with successive prime ministers of Mauritius and they attended the hearings at the International Court of Justice.' He added: 'I want to really knock on the head this idea that all of the Chagossians were not involved in the various processes. That is simply not true. 'It is true, however, that the Chagossian community is divided and I respect that division.' Earlier, he had told the committee that, while some UK-based Chagossians wanted the islands to remain British territory, 'most in Mauritius and Seychelles have made very clear…that they wish this deal to go ahead'. The Chagossians were expelled from the islands between 1965 and 1973 to make way for the Diego Garcia base (CPA Media Pte Ltd/Alamy Stock Photo/PA) The Chagossians were expelled from the islands between 1965 and 1973 to make way for the Diego Garcia base and have not been allowed to Mr Sands told peers the 'quid pro quo' for the military base remaining on Diego Garcia was Chagossians would be allowed to settle on the outer islands of the archipelago. The deal follows a 2019 advisory opinion from the International Court of Justice saying the islands should be handed over to Mauritius. As well as establishing a £40 million fund for Chagossians, the UK has agreed to pay Mauritius at least £120 million a year for 99 years in order to lease back the Diego Garcia base – a total cost of at least £13 billion in cash terms. The deal also includes provisions preventing development on the rest of the archipelago without the UK's consent, which the Government has said will prevent countries such as China setting up their own facilities. The agreement has also been backed by the United States, the UN secretary general and the African Union, but heavily criticised by the Conservative Party as a 'surrender'. Mr Sands disagreed with that on Wednesday, saying the deal 'will enhance Britain's position in the world'. He said: 'I can tell you from personal experience, direct comments from countries, ambassadors, prime ministers, presidents around the world, this is seen as Britain back on the world (stage), acting honourably and decently, protecting its interests and safeguarding…the rule of law.'
