No ‘read across’ to Gibraltar as UK gives up Chagos Islands sovereignty to secure future of military base

Britain’s decision to give up sovereignty of a remote group of islands in return for securing the long-term future of a strategically important military base has “no possible read across” to Gibraltar, Chief Minister Fabian Picardo said on Thursday.

Mr Picardo was reacting after the UK Government said it had reached a political agreement with Mauritius over the Chagos Islands, also known as the British Indian Ocean Territory, following negotiations which began in 2022.

Mauritius will assume sovereignty over the Indian Ocean archipelago while the joint US-UK military base remains on Diego Garcia, the largest of the islands.

The Foreign Office said the agreement means the status of the base will be undisputed and legally secure.

US President Joe Biden welcomed the “historic” agreement and said it secures the “effective operation of the joint facility on Diego Garcia into the next century”.

But the decision drew criticism from the Conservatives, who accused the UK Government of surrendering British strategic interests even though the talks that led to the agreement commenced under the Tory government.

In Gibraltar, No.6 Convent Place said the announcement suggested an “amicable resolution” allowing for the completion of Mauritius’ decolonisation, in line with a 2019 decision of the International Court of Justice, while safeguarding the UK's military and strategic interests in the Indian Ocean.

While awaiting details of the treaty, it noted that the agreement will also provide for the return to the Archipelago of the Chagossians, who were expelled from their homes over 50 years ago to make way for the military base on Diego Garcia.

“The wrongs suffered by the Chagossians were - by the UK's own admission - shameful, and reminiscent of the worst types of colonialism and led to various legal actions in the UK Courts in which the Chagossians made claims against the United Kingdom government,” No.6 Convent Place said in the statement.

“The new agreement should, therefore, provide a measure of justice for the Chagossians, and His Majesty’s Government of Gibraltar trust that both the UK and Mauritius will continue to prioritise the interests of this displaced and disenfranchised population.”

No.6 said the situations in the British Indian Ocean Territory and Gibraltar “are completely different”.

The UK held on to the islands when it decolonised Mauritius in the 1960s but the International Court of Justice decided in 2019 that this amounted to an unlawful interference with Mauritius' right to self-determination and territorial integrity.

No.6 said Thursday’s announcement underscored the importance of self-determination in giving effect to the decolonisation process, something the Gibraltar Government welcomed.

“The key thing for people to note is how different the case of the Chagos Islands is from the case of the inalienable right of the People of Gibraltar to decide our future and the future of our land, Gibraltar,” said Chief Minister Fabian Picardo.

“The case of Chagos has been the subject of decisions by the International Court and the International Tribunal of the Law of the Sea.”

“The United Kingdom challenged Spain to take matters to the ICJ and Spain refused. If she took up the case, she would lose.”

“Gibraltar is an inhabited territory, the population of which has rights which cannot be ignored in any circumstances and which entirely trump any other purported claims to our land and surrounding seas, as recognised under the United Nations Convention on the Law of the Sea.”

“The United Kingdom has made clear that it will not enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes and also reaffirms at the United Nations and elsewhere that it will not enter into a process of sovereignty negotiations with which Gibraltar is not content.”

“Additionally, the new Foreign Secretary, Rt Hon David Lammy MP, has made clear that there will not be negotiations about Gibraltar without the Chief Minister of Gibraltar present.”

“That is hugely important and demonstrates the United Kingdom's cast iron commitment to the right of self-determination of the People of Gibraltar.”

“The Chagossians have suffered greatly in being excluded from their islands for half a century and this treaty may finally lead to them being able to go back to the islands."

On Thursday night, a spokesperson for the Foreign, Commonwealth and Development Office reaffirmed the double-lock on sovereignty, repeated publicly by UK ministers whenever they refer to Gibraltar, which makes clear the UK will neither change Gibraltar’s sovereignty nor discuss such a change against the wishes of the Gibraltarians.

“The United Kingdom will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another State against their freely and democratically expressed wishes,” the spokesperson told the Chronicle.

“And we will never enter into a process of sovereignty negotiations with which Gibraltar is not content.”

The view amongst officials is that the Chagos agreement has no bearing on the wider UK government policy regarding its Overseas Territories, and is a separate issue with a very different history.

The double-lock commitment was most recently underscored at ministerial level by Europe Minister Stephen Doughty during a speech at the Labour Party conference late September.

The UK and Gibraltar “...will remain as steadfast in our alliance, in our friendship, in our partnership, as we have done for hundreds of years,” Mr Doughty said at the time.

“And that will continue under a Labour government.”

Reflecting on his recent visit to Gibraltar for National Day, Mr Doughty added: “I was able to make very, very clear to the people of Gibraltar, alongside [Chief Minister] Fabian [Picardo], that we will do nothing that impinges on the sovereignty and self-determination of the people of Gibraltar.”

“Our support is absolute.”

The Chagos announcement was being closely followed in the Falkland Islands too.

Alison Blake, the Governor of the Falkland Islands, issued a statement noting the development and playing down any concerns that the Chagos decision might set a precedent impacting other Overseas Territories.

“I am aware that there may be concerns, either amongst the Falkland Islands community or others, of potential read across to the Falkland Islands,” she said in the statement.

“I would like to reassure you that the legal and historical contexts of the Chagos Archipelago and the Falkland Islands are very different.”

“UK Ministers have been very clear throughout the process that the UK will not agree to anything that runs the risk of jeopardising sovereignty in the other Overseas Territories.”

“The UK Government remains committed to defending the Falklands Islanders’ right of self-determination, and the UK’s unwavering commitment to defend UK sovereignty remains undiminished.”

‘WEAK’

Amongst the Chagossians, opinions appeared to be divided.

Isabelle Charlot, speaking on BBC Radio 4's World At One programme, said the deal brought back hopes her family could return to her father's island "roots".

Plans for the Mauritius government to arrange resettlement would mean a "place that we can call home - where we will be free," she told the BBC.

But Frankie Bontemps, a second generation Chagossian in the UK, told the BBC that he felt "betrayed" and "angry" at the news because "Chagossians have never been involved" in the negotiations.

"We remain powerless and voiceless in determining our own future and the future of our homeland", he said, and called for the full inclusion of Chagossians in drafting the treaty.

On Thursday, Conservative leadership candidates reacted angrily, with former foreign secretary James Cleverly labelling the UK Government “weak” and Robert Jenrick saying there has been a “surrender”.

Chagossians were forced to leave the central Indian Ocean territory by 1973 to make way for the military base.

The expulsions are regarded as one of the most shameful parts of Britain’s modern colonial history and Chagossians have spent decades fighting to return to the islands.

The United Nations’ highest court, the International Court of Justice, previously ruled the UK’s administration of the territory was “unlawful” and must end.

Foreign Secretary David Lammy said: “This Government inherited a situation where the long-term, secure operation of the Diego Garcia military base was under threat, with contested sovereignty and ongoing legal challenges.”

“Today’s agreement secures this vital military base for the future.”

“It will strengthen our role in safeguarding global security, shut down any possibility of the Indian Ocean being used as a dangerous illegal migration route to the UK, as well as guaranteeing our long-term relationship with Mauritius, a close Commonwealth partner.”

The Foreign Office said the agreement is subject to a treaty and supporting legal instruments being finalised, adding that both sides have committed to complete this as quickly as possible.

A Downing Street spokesman said Prime Minister Sir Keir Starmer spoke to his Mauritius counterpart, Pravind Jugnauth, on Thursday morning.

The spokesman said: “The Prime Minister reiterated the importance of reaching this deal to protect the continued operation of the UK/US military base on Diego Garcia.”

“He underscored his steadfast duty to national and global security which underpinned the political agreement reached today.”

The agreement on the continued UK-US military presence on Diego Garcia is expected to run for 99 years with an option to renew.

The UK will pay a regular annual sum of money during the agreement and there will be funding to help benefit Chagossians.

A group of asylum seekers have been living on Diego Garcia since 2021 after they encountered difficulties while trying to travel by boat from Sri Lanka to Canada.

The British Indian Ocean Territory has been considering their claims for protection.

Mauritius would be responsible for any future arrivals under the new agreement.

A joint statement from the UK and Mauritius governments said the treaty will “address wrongs of the past and demonstrate the commitment of both parties to support the welfare of Chagossians”.

They also said the agreement will “herald a new era of economic, security and environmental partnership between our two nations”, adding: “To enable this partnership the UK will provide a package of financial support to Mauritius.”

“This will include an indexed annual payment for the duration of the agreement and the establishment of a transformational infrastructure partnership, underpinned by UK grant funding, to deliver strategic projects generating meaningful change for ordinary Mauritians and boosting economic development across the country.”

Conservative former minister Mr Jenrick said: “It’s taken three months for Starmer to surrender Britain’s strategic interests.”

“This is a dangerous capitulation that will hand our territory to an ally of Beijing.”

Mr Cleverly wrote on social media: “Weak, weak, weak! Labour lied to get into office. Said they’d be whiter than white, said they wouldn’t put up taxes, said they’d stand up to the EU, said that they be patriotic. All lies!”

Fellow Tory leadership candidate Tom Tugendhat said: “This is a shameful retreat undermining our security and leaving our allies exposed.”

He said the Foreign Office had “negotiated against Britain’s interest” and it is “disgraceful that these negotiations started under our watch”.

Kemi Badenoch, another Conservative former cabinet minister hoping to lead the party, said Labour has “put our vital base in the Indian Ocean at risk”.

She added: “Anyone who has been paying attention to the geopolitical climate will understand the strategic necessity of these islands.”

Jonathan Powell, the Prime Minister’s special envoy for negotiations between the UK and Mauritius, dismissed the “silly” Tory criticism of the deal and noted Mr Cleverly was leading the talks not too long ago.

Mr Powell said the previous Tory administration managed to “lose the trust” of their Mauritian counterparts, telling BBC Radio 4’s World At One programme: “So for the people who were involved in that negotiation to start criticising the outcome, something they couldn’t achieve, is absolutely ludicrous.”

He added: “They are criticising it because they want to try and score points in their desperate attempt to win the leadership.”

PA contributed reporting for this article.