The UK-Mauritius Agreement: A Landmark Change in Chagos Sovereignty

In a historic development this October 2024, the United Kingdom and the Republic of Mauritius reached an agreement to transfer sovereignty of the Chagos archipelago, officially known as the British Indian Ocean Territory (BIOT), to Mauritius. This agreement, the result of extensive negotiations over several years, carrying significant global implications, impacting geoeconomics, international law, human rights, and environmental concerns.

The Chagos archipelago has been at the center of diplomatic disputes, legal battles, and human rights controversies, primarily due to the strategic significance of Diego Garcia, the largest island in the archipelago, which hosts a major US-UK military base.

The agreement is contingent upon the completion of a treaty and supporting legal documents, which both nations are committed to finalizing promptly.

Geoeconomic Shifts and Strategic Importance

Diego Garcia serves as a crucial joint military base for the United States and the United Kingdom, playing a vital role in military operations, particularly in regions such as the Middle East and Asia.

This location has been essential for the allies to maintain a strategic presence in the Indo-Pacific area, especially as China’s influence continues to grow.

Under the upcoming treaty, the UK will recognize Mauritius as the sovereign authority over the Chagos archipelago, including Diego Garcia.

However, the UK will retain the right to exercise certain sovereign powers regarding Diego Garcia for an initial period of 99 years.

This provision is intended to ensure the ongoing operation of the military base well into the next century, allowing the US and UK to maintain their military posture in the region, being critical for Western interests in the Indian Ocean.

However, some analysts expressed concern that this change in sovereignty could facilitate greater Chinese influence in the region, given Mauritius’s burgeoning economic ties with China.

The ongoing military significance of Diego Garcia means that careful diplomatic management will be required during this transition.

Additionally, this shift may prompt a reassessment of defense partnerships between India, Mauritius, the US, and the UK as these nations work to counterbalance China’s growing assertiveness.

International Law, Decolonization, and Human Rights

In 2019, the International Court of Justice (ICJ) issued an advisory opinion asserting that the UK did not possess sovereignty over the Chagos archipelago and that administration should be transferred to Mauritius “as rapidly as possible.

” Following this, similar resolutions were adopted by both the United Nations General Assembly and the International Tribunal for the Law of the Sea.

The agreement to relinquish control of the Chagos archipelago marks a significant victory for Mauritius and the broader decolonization movement.

It underscores the pivotal role of international legal frameworks in addressing colonial-era disputes and sets a precedent for other nations facing similar territorial issues.

The ICJ’s ruling and the UK’s compliance may inspire other countries seeking justice for colonial grievances, reinforcing the legitimacy and authority of international bodies like the UN and ICJ in matters of sovereignty.

This shift also bolsters the principle of self-determination, a fundamental aspect of international law.

The displacement of thousands of Chagossians from the archipelago in the 1960s and 1970s to accommodate the military base has drawn considerable international attention.

While resettlement on Diego Garcia remains impractical due to military necessities, complete Mauritian sovereignty over the rest of the archipelago could eventually enable the return of displaced Chagossians to other islands, representing a crucial advancement in redressing historical human rights violations.

To support the Chagossian diaspora, which now numbers around 10,000 individuals, the UK will establish a trust fund.

The logistics of resettlement, however, will be complex, as many Chagossians have established lives in the UK, Mauritius, or the Seychelles, necessitating substantial investment in infrastructure, environmental management, and social services to make the islands habitable again.

Environmental and Economic Implications

The Chagos archipelago is home to one of the largest marine protected areas globally.

Environmentalists voice concerns that transferring sovereignty could result in changes to its management, potentially jeopardizing the region’s biodiversity.

Nevertheless, Mauritius has committed to preserving the environmental integrity of the Chagos archipelago, especially in light of the growing global focus on sustainable marine conservation and developing blue economies.

Economically, the transfer of sovereignty could unlock new opportunities for Mauritius in sectors such as fisheries and tourism.

For decades, access to the islands has been restricted due to their military significance, but with the change in control, Mauritius may pursue economic development initiatives that leverage the islands’ natural beauty and resources.

Conclusion

The UK-Mauritius agreement, occurring on the cusp of a Mauritian general election, represents a pivotal moment in contemporary diplomatic relations with far-reaching implications.

It highlighted evolving geopolitical alliances, reaffirms the importance of international legal standards, and reflects ongoing struggles for justice among displaced communities.

While the continued military presence at Diego Garcia is remaining a matter of contention, the transfer of sovereignty represents a significant step forward in decolonization efforts and opens up new avenues for environmental protection and economic growth within the Indian Ocean region.

Author: Vinay N. Bhushan

Mr. Bhushan is a former Consultant with the rank of Under-Secretary in the Indian Ministry of External Affairs, New Delhi.