Legal ruling advances UK government’s plans for Chagos Islands
The UK government has moved one step closer to being able to hand over the Chagos Islands to Mauritius after a legal victory over islanders claiming a right of abode, reports BritPanorama.
The British Indian Ocean Territories (BIOT) court of appeal has ruled that a previous judge’s decision affirming the Chagos islanders’ right of abode was invalid. Instead, the appeal court determined that the matter must be addressed by the Court of Appeal in England.
This ruling leaves a group of Chagossians, who have reoccupied one of the islands in protest over the Labour government’s contentious agreement with Mauritius, facing an uncertain future. Legal proceedings will continue, with cases scheduled for hearings in London and Bermuda next year.
The controversy escalated after Labour leader Sir Keir Starmer consented to transfer the islands to Mauritius in 2024 and suggested paying £30 billion to lease back the strategically vital airbase on Diego Garcia. The deal has faced significant delays, particularly following US President Donald Trump’s withdrawal of support.
Chagossians were forcibly removed from the islands during the 1960s and 1970s due to concerns over the security of the military base. Last year, a judge in the BIOT court ruled that circumstances had changed, and the islanders not only had a right of abode but also could not be ejected from the island they had occupied.
The appeal court judges—Sir Howard Morrison, Mr Justice Lane, Mrs Justice Nott, Mrs Justice Plimmer, and Mr Justice Bird—concluded that the previous ruling fell outside their jurisdiction and required the attention of the English Court of Appeal.
The ruling clarified the constitutional status of the BIOT, noting that only Gibraltar and the BIOT have constitutions made exclusively via royal prerogative. This distinction places the islands outside the scope of certain British legislation.
Lawyers for the Chagossians have moved to have their case heard by the English Court of Appeal and have also appealed to the Judicial Committee of the Privy Council, which will convene in Bermuda in April next year.
A representative for the islanders criticized the BIOT appeal court’s ruling as a major error, pointing out that relevant legislation had not passed parliament and thus required a fresh start rather than a continuation of the prior proceeding.
James Tumbridge, the islanders’ attorney, reaffirmed their commitment to pursue the case, highlighting that the appeal was primarily a procedural win for the government due to the court’s ruling that only an English court could adjudicate the right of abode.
Discussions surrounding the Chagos deal have continued, with indications suggesting there may be no significant changes to the policy despite legislative setbacks. Mr. Burnham is reportedly keen to see the situation resolved by year-end, while Defence Secretary Wes Streeting has emphasized that any agreement would require consent from the US, which shares the Diego Garcia base.
As this complex situation develops, the future of both the Chagos Islands and their indigenous inhabitants remains uncertain amid ongoing legal and political challenges.
