UK Government officials are seeking alternatives to Keir Starmer’s Mauritius deal on future of the hotly disputed Chagos Islands, The Independent understands.
After the Foreign Office (FCDO) confirmed that plans to ratify the treaty handing the Indian Ocean islands over to Mauritius have been paused because of US opposition, an alternative plan to allow the Chagossians to resettle them is being considered behind the scenes.
If this were to happen it would prove to be a humiliating U-turn for the prime minister after he pursued the deal with Mauritius to give them the islands and up to £51bn to allow the UK to continue to use the crucial Diego Garcia base.
It comes as The Independent has seen a submission by legal representatives of the Chagossians asking the United Nations to intervene over the deal on the grounds of “crimes against humanity”.
The Chagossians’ lawyer James Tumbridge has named Sir Keir Starmer personally in the submission to the UN’s special rapporteur which follows a recent legal victory which said the islanders now have the right of abode on the islands.
With four islanders led by first minister of the Chagossian government in exile Misley Mandarin currently occupying one of the islands the issue has intensified.
The legal ruling tore up previous decisions and legislation on the islands because the judge concluded that the deal with Mauritius established that the islands can be occupied despite the presence of the UK/ US base Diego Garcia.
Added to that previous claims against the cost of resettlement no longer applied because the judge calculated that the UK would give Mauritius £51bn as part of the deal.
The judgement by the British Indian Ocean Territory Court is being appealed by the UK government but with Donald Trump also withdrawing support for the islands to be given to Mauritius the deal cannot go ahead.
The base has recently been used as a launch point for defensive actions against Iran by the US.
Added to that the governments of the Maldives and Seychelles are also putting in claims to the islands further complicating the legal picture.
A source told The Independent: “Discussions are underway over changing the legal framework to allow islanders to return. That suggests that alternatives to the Mauritius deal are being considered.”
Mr Tumbridge has argued that once the Chagossians are established on the island with their plans to be a British protectorate like the Falklands then it will be almost impossible to hand them to another country.
The Mauritian claim was supported in the International Court of Justice (ICJ) based on the fact the islands were empty and it had been the administration centre for them during the British colonial period.
Meanwhile, the request to the UN follows it previously raising concerns over the rights of the Chagossian people regarding Sir Keir’s plans.
Supporting the case of the four Chagossians currently on the islands, it notes that their removal would “complete the process of depopulation begun decades ago; eliminate the living link between the Chagossian people and their homeland; further entrench a continuing breach [of human rights], rather than a historic one; commit a new breach; and commit what amounts to a crime against humanity by forced depopulation of a territory.”
The Independent put all these issues to the government.
A Foreign Office spokesperson told The Independent: “Diego Garcia is a key strategic military asset for both the UK and the US. Ensuring its long-term operational security is and will continue to be our priority – it is the entire reason for the deal.
“We continue to believe the agreement is the best way to protect the long-term future of the base, but we have always said we would only proceed with the deal if it has US support.
“We are continuing to engage with the US and Mauritius.”
