The decades-old UK-Mauritius dispute over the Chagos Islands has been resolved with a historic deal while preserving the UK-US presence on Diego Garcia
In a historic move, the United Kingdom (UK) and Mauritius announced that they have reached an agreement on a long-standing sovereignty dispute over the Chagos Archipelago, which sits in the middle of the Indian Ocean and crucially hosts a joint UK-US military base on Diego Garcia, one of the larger islands in the group. Though deliberations between the two governments have been ongoing for several decades, at times appearing intractable with legal battles and hard-line positions on both sides, the more recent negotiations between the two countries began in November 2022 with hope and cautious optimism. Since then, 13 rounds of talks have taken place (11 with the previous UK administration, and two with the current government) and finally, a deal has been reached, albeit “subject to the finalisation of a treaty and supporting legal instruments”.
There have been three core issues underlying the UK-Mauritius sovereignty dispute. The first is the question of sovereignty, i.e. who owns the islands? The second relates to the Chagossian community, i.e. the original inhabitants of the islands who were forcibly deported and now live scattered across Mauritius, Seychelles, and the UK. The main issue for the Chagossians today is their right to return to their original habitat-islands which has so far been denied to them. Other than a few ‘heritage visits’ supervised by UK officials, the Chagossians have not been permitted to return to the islands by the UK government.
The main issue for the Chagossians today is their right to return to their original habitat-islands which has so far been denied to them.
Finally, and perhaps the most important issue that sits at the heart of this dispute is the operation of the joint UK-US military facility on Diego Garcia. The question asked by a Foreign Affairs Select Committee of the British Parliament reflects this concern well: “What are the drawbacks of a leasing agreement versus a sovereign base area agreement?”
Essentially, if the Chagos Archipelago is handed over to Mauritius, can its government guarantee the smooth and efficient running of the military facility? At the moment, it appears that all three issues have been resolved. However, only time will tell to what extent the facts on the ground will change. It is important here to consider the key aspects of the agreement and their larger significance in the context of international relations.
What exactly has been agreed upon?
The issue of sovereignty has been unequivocally resolved. Both countries have agreed that “under the terms of this treaty the United Kingdom will agree that Mauritius is sovereign over the Chagos Archipelago, including Diego Garcia.” However, it has also been agreed that for an initial period of 99 years, the UK “will be authorised to exercise with respect to Diego Garcia the sovereign rights and authorities of Mauritius required to ensure the continued operation of the base well into the next century”.
Major powers rarely hand over territory to smaller countries, particularly assets such as Diego Garcia that are of great strategic value.
The UK agreeing to Mauritius’ claims of sovereignty over the Chagos Archipelago, though it has been long overdue and many years in the making, is still a historic decision. Major powers rarely hand over territory to smaller countries, particularly assets such as Diego Garcia that are of great strategic value. This is why despite facing international pressure and several court cases over the years, the UK has maintained its claims over the Chagos Archipelago until now. Mauritius has been contesting UK sovereignty over the archipelago since the 1980’s. The agreement is thus a momentous one for Mauritius. As Mauritian Prime Minister Pravind Jugnauth said, “We were guided by our conviction to complete the decolonisation of our republic”. The Government of India (GoI), having campaigned in support of Mauritius, both publicly and behind the scenes has said “This significant understanding completes the decolonisation of Mauritius”.
Diego Garcia has always been the lynchpin at the centre of the negotiations. Although the United States (US) has maintained steadfast reticence on the various disagreements regarding the Chagos Islands between the UK and Mauritius, the US is a key stakeholder, indeed a beneficiary, in the new agreement between the other two governments. The significance of Diego Garcia to the US operations cannot be overstated.
All the parties, i.e., the UK, Mauritius, and even the Chagossian community at large, have acknowledged that ensuring the continued American and British operational control of the base on Diego Garcia will be the cornerstone to any negotiated outcome vis-à-vis the Chagos Archipelago. This is why the Mauritius government has for some time now publicly and officially stated their explicit offer of a 99-year lease of the Diego Garcia base for joint UK-US military operations.
One of the key goals of the agreement is to future-proof the continued operation of the base well into the next century.
Although the agreement states that the UK will agree that ‘Mauritius is sovereign over the Chagos Archipelago, including Diego Garcia’, it also clearly adds, “At the same time, both our countries are committed to the need, and will agree in the treaty, to ensure the long-term, secure and effective operation of the existing base on Diego Garcia, which plays a vital role in regional and global security.” Thus, one of the key goals of the agreement is to future-proof the continued operation of the base well into the next century.
The agreement supports Chagossians’ “resettlement on the islands of the Chagos Archipelago other than Diego Garcia”. It states that “Mauritius is free to implement a programme of resettlement.” Former British High Commissioner to Mauritius, David Snoxell has argued that “We must make a distinction between Diego Garcia and the outer islands. The 56 outer islands, which are 130 miles away from the base, can be treated quite separately, and that is where you could do resettlement”.
However, resettlement has always been a thorny issue. It has been debated over the years with feasibility studies conducted as early as 2002, as well as later in 2010 and 2015. While several reasons were offered on why resettlement was undesirable, including cost, insufficient infrastructure and so on, many experts have felt that these shouldn’t have prevented resettlement on the outer islands, which could have been conducted on an experimental basis, to begin with.
As is acknowledged, Diego Garcia is an important strategic asset for US military operations. Just a few months ago, owing to security concerns the US blocked a UK judge and her team from entering Diego Garcia, which the UK considered its own territory. This was entirely unprecedented but highlighted that security concerns tend to trump all other protocols. Therefore, while the agreement explicitly supports resettlement how such a programme will translate on the ground remains to be seen. Besides, it is important to not treat the Chagossians as a monolith group. There are a range of views when it comes to resettlement and not all Chagossians want to return to the islands.
The new agreement between the UK and Mauritius as it stands today celebrates the power of diplomacy, cooperation, and mutual respect.
The writing has been on the wall for some time now, with the UK finding itself isolated on this issue within the international community. The re-telling of a darker, more violent narrative about British imperial history on the use of horrific strategies and pressure tactics to hold on to power, and a consequent wave of anti-colonial sentiment in former colonies has meant that the sovereignty dispute with Mauritius has been damaging Britain’s global image and reputation as a responsible upholder of the rules-based order and international law that the UK, the US and the rest of the West has been advocating to China, especially in maritime matters.
Almost as a corrective to this narrative, the new agreement between the UK and Mauritius as it stands today celebrates the power of diplomacy, cooperation, and mutual respect. Although in international relations, great powers remain unconstrained by international organisations such as the International Court of Justice (ICJ) and the UN General Assembly (UNGA), the conclusion of the new bilateral agreement shows that at times, smaller powers do successfully use international legal forums and the support of allies to achieve success in their foreign policy goals.
Vinitha Revi is an Independent Scholar associated with the Observer Research Foundation.
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Dr. Vinitha Revi is an Independent Scholar associated with ORF-Chennai. Her PhD was in International Relations and focused on India-UK relations in the post-colonial period. ...
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