The British government will return sovereignty over the Chagos Islands, whose residents were brutally displaced between 1965鈥73, to Mauritius.
In an October 3 between London and Port Louis, all but one of the Chagos Islands will be relinquished by Britain to Mauritian control. 鈥淔ollowing two years of negotiation, this is a seminal moment in our relationship and a demonstration of our enduring commitment to the peaceful resolution of disputes and the rule of law.鈥
Negotiations had 鈥渂een conducted in a constructive and respectful manner, as equal sovereign states, on the basis of international law,鈥 a point made so explicitly it had to be questioned.
Diego Garcia
And what of the status of the largest island, Diego Garcia, where the United States strategic military base 鈥 the 鈥淔ootprint for Freedom鈥 鈥 is located?
鈥淯nder the terms of this treaty the United Kingdom will agree that Mauritius is sovereign over the Chagos Archipelago, including Diego Garcia.鈥
However, the big fat qualifier is that both countries agreed to ensure that the base, which played 鈥渁 vital role in regional and global security鈥 (read US global military dominance) would continue to operate unimpeded. 鈥淔or an initial period of 99 years, the United Kingdom 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.鈥 To buy favour with Mauritius, Britain promises 鈥渁 package of financial support鈥.
In 1965, Britain effectively bought off Mauritius regarding its hold over the Chagos Islands for the less than princely sum of 拢3 million. Displacement of the 3000 islanders to Mauritius and the Seychelles followed the bribery.
In 1966, the British permanent under-secretary that, 鈥淭he object of the exercise was to get some rocks which will remain ours; there will be no indigenous population except seagulls who have not yet got a Committee (the Status of Women does not cover the rights of Birds).鈥
A hand scribbled comment on the same note also observed that, 鈥渁long with the birds go some few Tarzans or Men Fridays鈥 who had to be moved on.
The eviction of the locals became the prelude to the construction of the US military facility.
The British government was inventive in its efforts to spoil and foil any claims for resettlement by the Chagossians. As humble servitors to the US occupants on Diego Garcia, the British Foreign Office turning the area around the archipelago into a Marine Protected Area (MPA). Counterfeit environmentalism could be used in power鈥檚 favour.
In 2015, the Permanent Court of Arbitration that the declaration of such an MPA in April 2010 was incompatible with Britain鈥檚 obligations under the United Nations Convention on the Law of the Sea. The declaration failed to acknowledge, for instance, undertakings made in 1965 that Mauritius held binding rights to fish in the waters around the archipelago and the eventual return of the islands to Mauritius once it had ceased being militarily useful.
Self-determination denied
In 2019 the International Court of Justice that 鈥渢he process of decolonization of Mauritius was not lawfully completed when that country acceded to independence in 1968, following the separation of the Chagos Archipelago鈥. Britain was 鈥渦nder an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible鈥. The Foreign Office, again showing how respectful it can be of international law when cornered, the standing of the ICJ decision. 鈥淭his is an advisory opinion, not a judgment,鈥 it concluded.
The UN General Assembly begged to differ, that same year demanding the unconditional withdrawal of Britain鈥檚 colonial administration from the islands within six months. The resolution recorded favourable 116 votes, with 56 abstentions. Only six states opposed the measure, including such noisy paragons of the 鈥渞ules-based order鈥 as Australia, Israel and the United States.
The treaty, according to the joint statement, 鈥渨ill address the wrongs of the past and demonstrate the commitment of both parties to the welfare of Chagossians鈥.
It does nothing of the sort, limiting any resettlement program to the wishes of Mauritius, while exempting Diego Garcia altogether from such arrangements. In doing so, the agreement, British Foreign Minister David Lammy, will 鈥渟trengthen our role in safeguarding global security鈥, while also preventing 鈥渁ny possibility of the Indian Ocean being used as a dangerous illegal migration route to the UK鈥.
US President Joe Biden, however, has the most reason to delight in the outcome. Washington retains its war-making facility in the Indian Ocean of demonstrating a 鈥渟hared commitment to regional stability鈥, while supposedly reaching 鈥減eaceful and mutually beneficial outcomes鈥.
Coy, congratulatory assessments can even be found among the well informed. Peter Harris, for instance, makes an unpardonably in the Conversation: 鈥淭he deal announced is a good one 鈥 a rare 鈥榳in-win-win-win鈥 moment in international relations, with all the relevant actors able to claim a meaningful victory: Britain, Mauritius, the US, and the Chagossians.鈥
The last group can claim, accurately, to have again been treated as ongoing victims of callous colonial rule, despite the of such individuals as Isabelle Charlot, chair of the Chagos Islander Movement.
Advocacy group Chagossian Voices聽 鈥渢he exclusion of the Chagossian community from the negotiations which have produced this statement of intent concerning the sovereignty of our homeland鈥.
Raymonde Desiree, who was 25 when evicted from the islands, made her clear.聽 鈥淕oing back to the Chagos Islands under Mauritian rule, that鈥檚 not going to happen.鈥 Now a resident in the West Sussex town of Crawley, which hosts a large Chagossian diaspora, she makes the emphatic point: 鈥淲e were not consulted 鈥 They should have given us the right of self-determination.鈥 That, it would seem, was never going to happen.
[Binoy Kampmark lectures at RMIT University. Email: bkampmark@gmail.com.]