This month marked the first legal campaign in the UK to address the ongoing sovereignty dispute of the Chagos Islands since the landmark International Court of Justice (ICJ) decision last May. Since 12 May 2020, the Court of Appeal has been hearing claimsthat the refusal to allow Chagos islanders to return to their homes after forced deportation is a “continuing breach of their human rights”.
It has further been suggested by the claimants that if the UK is in “effective control of the territory, it is required to observe human rights.” The appeal follows a 2019 judgement that upheld the UK government’s decision not to begin resettlement of the islanders.
The proceedings have been jointly brought by two Chagossians, Solange Hoareau and Olivier Bancoult, who were exiled from their homes in the 1970s. Both individuals are represented by prestigious law firms, with Hoareau supported by Leigh Day and Bancoult by Clifford Chance.
According to Pierre Prosper, the Chairperson of the Seychelles Committee of Chagossians, legal teams based in Mauritius will also take part in the shared hearings. Former residents of the Chagos Islands, and the public at large, can view the ongoing session taking place at the Court of Appeal in London through an online broadcast.
PRIOR RULINGS REGARDING THE CHAGOS ISLANDS
Throughout the late 1960s and early 1970s, roughly 2,000 Chagossians were forcibly removed from their homeland after the UK leased the main island of the archipelago, Diego Garcia, to the United States, which now uses it as a military base. The UK government later labelled the archipelago as a British Indian Ocean Territory and refuses to allow islanders to return.
Last year, the ICJ denounced the UK's actions and urged the return of the Chagos Islands to Mauritius. The UK’s claim of sovereignty over the islands has become widely condemned, with the large majority ruling by the ICJ carrying political if not legal weight over the continuing annexation.
SUPPORT PACKAGE FAILS TO HELP CHAGOSSIANS
Beyond refusing to relinquish sovereignty, the UK has also failed to adequately compensate the islanders. Despite a consultation concluding that 98% of Chagossians want to return to the islands, the UK continues to refuse resettlement and instead announced the allocation of a £40 million support package in 2016 for islanders exiled to the UK. However, evidence suggests that the fund has not been put to use, with only £580,000 spent so far.
According to the Guardian, the fund has contributed to English lessons and short visits to the islands for smaller groups. Requests for the funding to go towards housing or immigration costs have been denied. However, the fund is not legally referred to as compensation: according to the UK government it instead intends to “support improvements to the livelihoods of Chagossians in the communities where they now live.” The UK Chagos Support Association has urged the UK government to provide a flexible plan as to how the fund should be allocated and to engage with Chagossians during its implementation in order to “allow maximum benefit to the community.”
Christie graduated with an LLM in International Law and Security from the University of Glasgow. She focused on areas such as nuclear weapons, cyber security, counter-terrorism, and the international courts system. Most recently, she interned at the International Bar Association undertaking legal research and policy work.