UK court rejects Chagossians' challenge over sovereignty deal with Mauritius
A High Court judge has blocked a legal challenge by British Chagossians against the UK government's handling of a sovereignty deal with Mauritius. Mrs Justice Stacey dismissed their request for a full judicial review, ruling that the case centred on foreign policy matters beyond judicial scrutiny. The decision marks another setback for a community forcibly removed from their homeland decades ago.
The claimants argued that ministers had acted unlawfully in six key areas, including a failure to consult properly, irrational decision-making, and breaches of equality duties and human rights. They also accused the government of discrimination and procedural unfairness in negotiations that led to the October 2024 transfer of sovereignty over the Chagos Islands to Mauritius.
The judge rejected each argument, stating that the case fundamentally challenged the Treaty itself—a matter she deemed outside the court's authority. She emphasised that treaty-making and foreign affairs fall beyond judicial review, even though the Chagossians were not seeking to overturn the Treaty but to examine whether ministers had followed lawful processes before finalising it.
A particularly contentious point was the government's consultation with the community. The court ruled that ministerial promises of 'engagement' did not equate to a formal obligation to 'consult'. It also found no established practice requiring consultation on sovereignty decisions, despite past exercises.
The ruling also addressed the Public Sector Equality Duty, acknowledging that Chagossians form a distinct racial group yet concluding that the government's negotiations did not trigger meaningful equality scrutiny. This outcome, while legally sound, has been criticised as morally unsatisfactory by observers.
The case is the latest chapter in a decades-long struggle. Since their expulsion from the British Indian Ocean Territory between the 1960s and 1970s—justified by the UK as necessary for the Diego Garcia military base—the Chagossians have fought for their right to return. Key moments include a 2004 compensation scheme offering £1,420 per claimant (deemed inadequate by many), a 2010 Supreme Court ruling affirming their right to return (later overturned), and a 2021 International Court of Justice opinion declaring the UK's detachment of the islands unlawful. The 2024 deal with Mauritius included a £101 million trust fund for resettlement on outer islands, though Diego Garcia remains off-limits.
The judgment leaves the Chagossians with no further legal recourse in UK courts over this dispute. The ruling reinforces the principle that foreign policy decisions are largely immune from judicial oversight, even when they directly affect marginalised communities. Under the 2024 agreement, resettlement efforts will proceed without Diego Garcia, but the broader question of justice for those displaced remains unresolved.
