A group of indigenous Chagossian people have instructed lawyers to challenge the controversial Chagos deal, in yet another blow to the government’s beleaguered agreement.
It comes as the deal faces criticism from all sides, with Donald Trump threatening to veto it, the new Mauritian government demanding further concessions from Britain, and concerns being raised by the government’s own Labour MPs.
Now, The Independent understands that Chagossian Voices, a group representing people who originate from the Chagos Islands, has sought legal advice and is willing to take the government to court over the plans.
The government announced a deal to hand over the islands to Mauritius in October 2024, which is meant to secure the future of a secretive military base on the island of Diego Garcia.
But it is understood the group wants to pursue all options to ensure that the deal does not go ahead, rejecting Mauritian sovereignty over the archipelago, which is located some 1,680 kilometres northeast of the Indian Ocean nation.
They have pointed out that the Chagossian people – who were forcibly removed from Chagos more than 50 years ago to make way for the military base – have their own language and culture entirely separate to Mauritius.
They also claim they were not consulted on the agreement. Frankie Bontemps, a founding member of Chagossian Voices, said people who originate from the islands feel both “powerless and voiceless” in making decisions about their futures.
“[Chagossians] have endured 50 years of exile of suffering… but both the British and the Mauritian government are after their own interests,” he told a meeting of indigenous Chagossians to engage with MPs in parliament on Wednesday.
It comes as the UK attempts to renegotiate the deal previously agreed with Mauritius after the newly elected administration raised objections to the original agreement and is reportedly seeking more compensation.
Mr Bontemps added: “The foreign secretary made a statement in parliament that they are interested to secure the deal for 99 years. And Mauritius is after how much compensation they can get for the 99-year lease. While in the middle of this tragedy there’s a people, the Chagossian people.
“It’s not the British or the Mauritians who suffered deportation, exile. It’s us, the descendants.”
The foreign secretary has insisted the agreement is “a good deal” which secures the long-term future of the airbase. He has also pointed out that the International Court of Justice (ICJ) ruled that the islands belong to Mauritius.
However, in a separate opinion delivered alongside the ICJ’s ruling in 2019, Judge Gaja said the will of the Chagossians should be taken into account.
“The General Assembly may have considered that, as the result of the process of decolonisation, the archipelago would become part of Mauritius. However, the General Assembly may revisit the issue and in particular take into account the will of the Chagossians,” he said.
Human Rights Watch have insisted that “the UK and Mauritius should prioritise the Chagossian people’s participation” in negotiations about the sovereignty of the Chagos Islands.
Earlier this week, Labour MP Peter Lamb accused foreign secretary David Lammy of misleading parliament over his engagement with Chagossians.
Speaking at Wednesday’s meeting, the MP for Crawley claimed there is “certainly evidence” that statements made in the Commons by the foreign secretary “do not appear to be true”, referencing claims that the government has engaged with the Chagossians throughout the process of striking a deal.
On 7 October last year the foreign secretary told the House of Commons: “Of course we kept the Chagossians informed all along the way.”
But Chagossian Voices said they have not met with Mr Lammy, and that Foreign, Commonwealth and Development Office (FCDO) minister Stephen Doughty, who has met with the group twice since the deal was agreed, refused to discuss the negotiations.
The comments made by Mr Lamb – whose constituency is home to the largest community of Chagossians in the UK – highlight the fractious state of relations over the deal, the future of which is becoming increasingly uncertain.
A government spokesperson said: “The negotiations were between the UK and Mauritius with our priority being to secure the full operation of the base on Diego Garcia.
“We recognise the importance of the islands to Chagossians and have worked to ensure this agreement reflects their interests. The UK government, under both the previous and current administration, has been engaged with Chagossians at both official and Ministerial level during negotiations which first started in November 2022.
“As part of the agreement, we will finance a new trust fund for Mauritius to use in support of the Chagossian community. We will work with Mauritius to start a new programme of visits for Chagossians to the Chagos Archipelago, including Diego Garcia. And Mauritius will be free to develop a programme of resettlement on the islands, other than Diego Garcia.”
