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Chagos Islands deal set to go ahead after legal challenge dismissed UK signs £101m-a-year deal to hand over Chagos Islands and lease military base
(about 2 hours later)
Diego Garcia, the largest island in the archipelago, was separated from Mauritius along with the rest of the Chagos Islands in 1965 and now houses a US military baseDiego Garcia, the largest island in the archipelago, was separated from Mauritius along with the rest of the Chagos Islands in 1965 and now houses a US military base
A deal that would see the UK hand the Chagos Islands to Mauritius can go ahead, the High Court has said, after lifting a temporary block on the agreement. Sir Keir Starmer has signed a deal to hand the Chagos Islands to Mauritius and lease back a key military base for £101m a year.
Prime Minister Sir Keir Starmer had been due to sign the deal at a virtual ceremony with Mauritian government representatives on Thursday. The prime minister said the deal was the only way to maintain the base's long-term future and had secured "strong protections" for the UK, including from "malign influences".
In a last-minute court injunction, issued at 02:25 BST, a High Court judge temporarily halted the agreement until a further court order. Under the terms of the deal Mauritius would gain sovereignty of the islands from the UK, but allow the US and UK to continue operating a military base on Diego Garcia for an initial period of 99 years.
However, at a fresh hearing the judge Mr Justice Chamberlain said the injunction should be discharged, clearing the way for the deal to be signed. The UK signed the agreement after overcoming a last-minute legal challenge brought by two Chagossians.
A UK government spokesperson welcomed the ruling, saying the agreement is "vital to protect the British people and our national security." The government will pay Mauritius an average of £101m a year for 99 years, which Sir Keir said amounted to a "net cost" of £3.4bn after adjusting for factors including inflation.
The deal would see the UK give sovereignty of the Chagos Islands to Mauritius, but allow the UK and US to continue using a military base located on the Indian Ocean archipelago for an initial period of 99 years. The prime minister told a news conference the UK had to "act now" or face Mauritian legal action that could interfere with the Diego Garcia base.
The UK government is yet to set out the estimated payments the British taxpayer would make to Mauritius as part of the deal, but it is expected to run into the billions. The base is "one of the most significant contributions that we make to our security relationship with the United States", he added.
Speaking from the UK's Northwood military headquarters, Sir Keir said: "President Trump has welcomed the deal along with other allies, because they see the strategic importance of this base and that we cannot cede the ground to others who would seek to do us harm."
"If we did not agree this deal the legal situation would mean that we would not be able to prevent China or any other nation setting up their own bases on the outer islands or carrying out joint exercises near our base," the prime minister said.
"No responsible government could let that happen."
The deal sets a 24-mile buffer around Diego Garcia, where nothing can be built without UK consent.
Foreign military and civilian forces will also be barred from other islands in the archipelago, with the UK retaining a power to veto any access to the islands.
Defence Secretary John Healey is due to make a statement in Parliament on the future of the military base later.Defence Secretary John Healey is due to make a statement in Parliament on the future of the military base later.
The deal has attracted strong criticism from opposition politicians in the UK, who have questioned the cost and say an important military base should not be given to a country with close links to China.The deal has attracted strong criticism from opposition politicians in the UK, who have questioned the cost and say an important military base should not be given to a country with close links to China.
Conservative leader Kemi Badenoch said the deal was an example of "Labour chaos". Speaking ahead of the deal being signed, Conservative leader Kemi Badenoch said it was an example of "Labour chaos".
"We should not be paying to surrender British territory to Mauritius," she said."We should not be paying to surrender British territory to Mauritius," she said.
"The fact that Labour is negotiating something that sees the British taxpayer in hoc for potential billions is completely wrong.""The fact that Labour is negotiating something that sees the British taxpayer in hoc for potential billions is completely wrong."
Reform UK deputy leader Richard Tice joined a group of Chagossians outside the High Court, saying he wanted to see "another Starmer surrender sell out" stopped. Reform UK deputy leader Richard Tice joined a group of Chagossians protesting outside the High Court earlier, saying he wanted to see "another Starmer surrender sell out" stopped.
However, the Labour government has argued that ongoing questions about the UK's right to keep the islands poses a risk to the future of the US-UK military base. Members of the Chagossian community held a protest outside the High Court as a legal challenge was dismissed
It comes after the High Court dismissed a legal challenge, which temporarily blocked the deal when a last-minute court injunction was granted at 02:25.
The legal action was brought by two Chagossian women, Bernadette Dugasse and Bertrice Pompe, who were both born on Diego Garcia, the largest of the islands, and would like to be able to return.The legal action was brought by two Chagossian women, Bernadette Dugasse and Bertrice Pompe, who were both born on Diego Garcia, the largest of the islands, and would like to be able to return.
In October, the two countries said that under the deal Mauritius would be "free to implement a programme of resettlement" on the islands, excluding Diego Garcia, which is home to the UK-US military base.In October, the two countries said that under the deal Mauritius would be "free to implement a programme of resettlement" on the islands, excluding Diego Garcia, which is home to the UK-US military base.
In a pre-action letter, lawyers for the two women said the Chagossian people had unlawfully not been given a say in the future of the islands, despite being the native inhabitants.In a pre-action letter, lawyers for the two women said the Chagossian people had unlawfully not been given a say in the future of the islands, despite being the native inhabitants.
They also said that they did not trust Mauritius to treat the Chagossians fairly, and that they would face "severe obstacles" as British citizens who do not hold Mauritian nationality, including possible racial discrimination and the loss of the possibility of returning.They also said that they did not trust Mauritius to treat the Chagossians fairly, and that they would face "severe obstacles" as British citizens who do not hold Mauritian nationality, including possible racial discrimination and the loss of the possibility of returning.
In a witness statement to the High Court, senior Foreign Office official Harriet Matthews said the delay had "caused harm to the UK's reputation" with Mauritius and the US.In a witness statement to the High Court, senior Foreign Office official Harriet Matthews said the delay had "caused harm to the UK's reputation" with Mauritius and the US.
"We are now expending significant diplomatic effort to manage these implications and to reassure Mauritius and our partners that we are still committed to signing the agreement," she added.
"Reneging on the agreed signature timeline threatens hard won defence and security conditions that are core to the operational effectiveness of the base."
Dismissing the injunction, Mr Justice Chamberlain said "the public interest and the interests of the United Kingdom would be substantially prejudiced" by a continued block on the deal.
He also dismissed an application to pause the deal to allow the claimants to take their case to the Court of Appeal.
Following the court's decision, Ms Pompe said it was "a very very sad day" but added: "We are not giving up."Following the court's decision, Ms Pompe said it was "a very very sad day" but added: "We are not giving up."
"We don't want to give our rights, hand over our rights to Mauritius. We're not Mauritians," she said."We don't want to give our rights, hand over our rights to Mauritius. We're not Mauritians," she said.
Members of the Chagossian community held a protest outside the High Court as the judge made his ruling
On Thursday, representatives of the Chagossian community met Foreign Office Secretary David Lammy and minister Stephen Doughty, for discussions on the sovereignty of the territory.On Thursday, representatives of the Chagossian community met Foreign Office Secretary David Lammy and minister Stephen Doughty, for discussions on the sovereignty of the territory.
In a call immediately after the meeting, Jemmy Simon, from the Chagossian Voices group, told the BBC there was "nothing in there [the deal] that is any good for us".In a call immediately after the meeting, Jemmy Simon, from the Chagossian Voices group, told the BBC there was "nothing in there [the deal] that is any good for us".
"I'm beyond horrified and angry right now.""I'm beyond horrified and angry right now."
She said the deal would include a £40m support package, which the Mauritian government could use to help resettlement.She said the deal would include a £40m support package, which the Mauritian government could use to help resettlement.
"They [the British government] promised to look out for our best interests – absolute rubbish," she said."They [the British government] promised to look out for our best interests – absolute rubbish," she said.
"It is up to Mauritius to decide if we will get to resettle on the outer islands or not, but they don't have to if they don't want to.""It is up to Mauritius to decide if we will get to resettle on the outer islands or not, but they don't have to if they don't want to."
She added: "We want an iron-clad assurance that the Mauritian government will be held accountable and so will the UK government for making sure that we do end up with some sort of a decent life, that reparations are made." Bertice Pompe (left) and Bernadette Dugasse (right) outside the High Court in central London on Thursday
The Chagos Archipelago was separated from Mauritius in 1965, when Mauritius was still a British colony.The Chagos Archipelago was separated from Mauritius in 1965, when Mauritius was still a British colony.
Britain purchased the islands for £3m, but Mauritius has argued it was illegally forced to give away the islands in order to get independence from Britain.Britain purchased the islands for £3m, but Mauritius has argued it was illegally forced to give away the islands in order to get independence from Britain.
In the late 1960s Britain invited the US to build a military base on Diego Garcia and removed thousands of people from their homes on the island.In the late 1960s Britain invited the US to build a military base on Diego Garcia and removed thousands of people from their homes on the island.
An immigration order, issued in 1971, prevented the islanders from returning.An immigration order, issued in 1971, prevented the islanders from returning.
The Chagos islanders themselves – some in Mauritius and the Seychelles, but others living in Crawley in Sussex – do not speak with one voice on the fate of their homeland.The Chagos islanders themselves – some in Mauritius and the Seychelles, but others living in Crawley in Sussex – do not speak with one voice on the fate of their homeland.
Some are determined to return to live on the isolated islands, some are more focused on their rights and status in the UK, while others argue that the archipelago's status should not be resolved by outsiders.Some are determined to return to live on the isolated islands, some are more focused on their rights and status in the UK, while others argue that the archipelago's status should not be resolved by outsiders.
Bertice Pompe (left) and Bernadette Dugasse (right) outside the High Court in central London on Thursday
In recent years, the UK has come under growing international pressure to return the islands to Mauritius, with both the United Nations' top court and general assembly siding with Mauritius over sovereignty claims.In recent years, the UK has come under growing international pressure to return the islands to Mauritius, with both the United Nations' top court and general assembly siding with Mauritius over sovereignty claims.
In late 2022, the previous Conservative government began negotiations over control of the territory but did not reach an agreement by the time it lost power in the 2024 general election.In late 2022, the previous Conservative government began negotiations over control of the territory but did not reach an agreement by the time it lost power in the 2024 general election.