UN Experts Urge Protection of Chagossians’ Rights in Treaty with UK on Chagos Archipelago Sovereignty

After two years of negotiations, Mauritius and the UK announced on October 3 a joint commitment to expedite the finalization of a treaty and related legal instruments.

UN experts have hailed the recent agreement between Mauritius and the United Kingdom regarding sovereignty over the Chagos Archipelago as a significant step towards decolonization. However, they emphasize the necessity of a final treaty that safeguards the rights of Chagossians, including their right to return to their homeland and receive reparations.

"We commend this positive development toward the decolonisation of the Chagos Islands and the parties' commitment to address the 2019 Advisory Opinion of the International Court of Justice," the experts stated. They voiced concerns that the agreement could unjustly hinder Chagossians from returning to Diego Garcia, home to a longstanding joint military base operated by the UK and the United States. The experts asserted that "all Chagossians have the right to return to live in the Chagos Islands, including Diego Garcia."

After two years of negotiations, Mauritius and the UK announced on October 3 a joint commitment to expedite the finalization of a treaty and related legal instruments. This treaty aims to "address wrongs of the past and demonstrate the commitment of both parties to support the welfare of Chagossians." However, the UN experts stressed that the negotiations must prioritize the rights of the Chagossian people, particularly their right to adequate and effective remedy, reparations, and participation in the decision-making process.

Concerns for Chagossians' Rights

In letters sent to the governments of Mauritius and the UK on February 21, 2023, the UN experts expressed grave concerns regarding the ongoing forced displacement of the Chagossian people. They highlighted the lack of meaningful participation by Chagossians in the negotiations concerning their homeland.

"The rights of the Chagossian people, including the right to adequate and effective remedy and reparations, as well as the rights of Indigenous Peoples, should be at the centre of the negotiations of the foreseen treaty," they emphasized. The experts urged both Mauritius and the UK, along with other concerned states, to ensure that Chagossians are actively and meaningfully involved in discussions and decisions regarding their future.

The Path Forward

As the negotiation process continues, the UN experts reiterated the importance of placing Chagossian rights at the forefront of treaty discussions. The outcome will be crucial not only for the sovereignty of the Chagos Archipelago but also for addressing historical injustices faced by the Chagossian people. Their involvement in the decision-making process will be essential to achieve a fair and just resolution that honors their rights and heritage.