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United Kingdom Transfers Sovereignty of Chagos Archipelago to Mauritius

After years of contentious debate, legal battles, and sustained international pressure, on October 3, 2024, the UK and Mauritius have reached a ‘historic political agreement’ where the UK would cede sovereignty of the Chagos Islands to Mauritius including Diego Garcia.  The talks resumed in November 2022 with a renewed hope and caution and after 13 rounds of negotiations (11 with the previous UK administration and two with the current government), a breakthrough was achieved. The Chagos Archipelago is in the middle of the Indian Ocean and has the UK-US military base on Diego Garcia, which is one of the larger islands in the group. The agreement would ensure the long-term future of the Diego Garcia military base, jointly operated by the UK and US. The UK and Mauritius received full support from the US and India.

Historical Significance of Chagos Archipelago

The Chagos Archipelago is a group of 58 islands and is located approximately 500 km south of the Maldives. Initially uninhabited, the islands were settled in the late 18th century when the French brought enslaved labourers from Africa and India to work on coconut plantations. The islands changed hands from France to Britain in 1814.

In 1965, the UK formed the British Indian Ocean Territory (BIOT), with the Chagos Islands as a key component. Later, in 1976, the UK transferred some BIOT islands to the Seychelles (island republic in the western Indian Ocean, off East Africa) following its independence from British rule.

Prior to independence, Chagos was administered as part of Mauritius, another British colony. However, when Mauritius gained independence in 1968, the UK retained control of Chagos. The islands were forcibly depopulated between 1967 and 1973 to make way for a US military base on Diego Garcia, leading to significant human rights violations against the indigenous Chagossian population. As part of this separation, the UK provided Mauritius with a three million pounds grant in compensation for detaching the Chagos Archipelago.

About Diego Garcia

Diego Garcia is the largest island in the Chagos islands and is a part of the BIOT. It became a fully operational military base in 1986. Its strategic location made it crucial for US air operations during the Gulf War, Iraq War, and Afghanistan War. Additionally, there have been allegations that the base was used by the US Central Intelligence Agency (CIA) as a secret detention centre following the September 11, 2001 (9/11) attacks carried out by the Islamist extremist group, al-Qaeda.

Diego Garcia hosts a strategic joint US-UK military base that has been significantly contributing to national, regional, and global security. The facility allows the US in the promotion of regional stability, respond to crises swiftly, and counter pressing security threats in partnership with the UK. The US has been maintaining a crucial presence in the Indian Ocean, particularly through Diego Garcia, amid the ongoing West Asia tensions. This strategic outpost has been enabling the US to monitor the vital Malacca Strait. Malacca Strait is a key global trade chokepoint critical to China’s economy, thereby safeguarding American interests. It has also been implicated in controversial practices, including allegations of serving as a CIA black site for detention and interrogation during war on terror.

Mauritius has been consistently asserting that the UK’s presence in Chagos is an illegal occupation. It has been repeatedly bringing the issue to international attention through various forums. In 2017, the United Nations General Assembly (UNGA) had requested the International Court of Justice (ICJ) to assess the Chagos Archipelago’s legal status. In 2019, the UNGA passed a resolution endorsing the ICJ’s advisory opinion, calling for the UK to unconditionally withdraw its colonial administration from the area within a span of six months. This resolution reaffirmed Mauritius’ sovereignty over the Chagos Archipelago.

The President of the ICJ, Abdulqawi Ahmed Yusuf then stated that the 1965 detachment of the Chagos Archipelago from Mauritius was not based on a ‘free and genuine expression of the people concerned’. Presently, Chagossians reside in the UK, Mauritius, and Seychelles.

Significance of the UK-Mauritius Treaty

The UK-Mauritius agreement would strike a balance, with the UK ceding its claims to the Chagos Islands. Mauritius would now resettle the islands, excluding Diego Garcia. A trust fund would benefit Chagossians.

A resolution to this dispute has broader implications leading to a successful resolution which reaffirms Western commitment to a free and open Indo-Pacific. Also, if it had remained unresolved the issue might drive countries like Mauritius to seek support from alternative partners, notably China.

Some Key Provisions of UK-Mauritius Treaty on Chagos Archipelago Sovereignty

Restoration of sovereignty The UK has agreed to transfer sovereignty over the Chagos Archipelago to Mauritius, marking a resolution to a long-standing territorial dispute that dates back to the islands' separation from Mauritius in 1965. This transfer includes all islands in the archipelago except Diego Garcia, which will remain under UK control for military purposes for an initial period of 99 years.

Continued control of Diego Garcia While Mauritius gains sovereignty, the UK will retain authority over Diego Garcia, allowing for the continued operation of the joint UK-US military base. This arrangement is critical for maintaining strategic military operations in the Indian Ocean, particularly given Diego Garcia’s role as a key staging ground for US military activities in the region.

Legal framework The agreement is subject to the finalisation of a treaty and supporting legal instruments, which will outline the specifics of the sovereignty transfer and operational rights concerning Diego Garcia. This legal framework aims to eliminate previous uncertainties surrounding the status of the base and ensure its secure operation moving forward.

Financial support for Mauritius The UK has committed to providing financial assistance to Mauritius, which includes establishing a trust fund to resolve historical grievances aimed at benefiting displaced Chagossians.

Chagossian resettlement Mauritius is now empowered to implement a resettlement program for Chagossians on the outer islands of the archipelago, excluding Diego Garcia. This provision acknowledges past injustices and aims to support those displaced by colonial policies.

Impact on India

For India, the primary security provider in the Eastern Indian Ocean, the impact of the deal goes beyond potential access to Diego Garcia’s facilities, affecting India’s strategic autonomy, regional alliances, and the shifting of power dynamics in the Indian Ocean Region.

India’s strong military relationships with the US and UK make Diego Garcia a potentially valuable asset for the Indian Navy. The base could enhance India’s maritime capabilities through forward-based operations, anti-piracy efforts, and intelligence gathering. As China’s naval presence has been growing in the Indian Ocean, especially in the Western region, India may utilise its US partnership to counter China’s expanding maritime influence, thus, bolstering regional security through enhanced logistical and military cooperation.

India’s increased access to Diego Garcia offers tactical advantages; however, it further raises concerns about its strategic independence. The facility’s role as a US nuclear submarine hub and staging ground for naval operations in the Western Indian Ocean would complicate India’s autonomy. Using Diego Garcia poses questions about India’s ability to maintain independent decision-making, especially as tensions have risen in the Red Sea and Iran-Israel conflict. India’s historically limited cooperation with the US in the Western Indian Ocean would further add to the complexity. This development would test India’s strategic balance, highlighting the need for careful consideration of the implications of relying on a key US military facility.

India’s strategic autonomy would be tested by deeper US military cooperation via Diego Garcia. This may align India with Western powers, undermining its independence and relationships with non-Western partners like Russia, Iran, and Middle Eastern nations. Because of its support to Israel, India’s ties with Iran have always been a bit complicated, adding to the diplomatic complexity.

India has welcomed the Chagos Archipelago’s handover to Mauritius after having quietly facilitated the agreement. While India views the continued US control of Diego Garcia positively due to close military ties, it would likely adopt a measured approach to maintain balance and avoid appearing overly aligned with the US-UK alliance.

India’s strategic community views the Chagos development through the lens of China’s expanding Indian Ocean presence. With bases in Djibouti and potential ones in Pakistan, China’s growing influence would prompt India to counterbalance China’s power in the Western Indian Ocean, while navigating regional states’ close ties with China. India has a vested interest in strengthening the security of Mauritius for countering Chinese intrusions and illegal fishing in the Western Indian Ocean; thereby, securing its own interests without direct intervention.

India’s challenge would be to safeguard its interests in the Middle East while maintaining strategic autonomy and avoiding the perception of Western alignment.

Conclusion

There are mixed responses to this agreement. Many Chagossians express concerns about their exclusion from negotiations and seek greater involvement in discussions about their future on the islands. Human rights advocates stress that meaningful consultations are necessary to avoid perpetuating colonial injustices. While some view this as a pragmatic resolution to a colonial legacy, others criticise it as a betrayal of British interests due to Mauritius ties with China. There are fears that this could lead to increased Chinese influence in a strategically important area. Overall, the agreement represents a historic shift in the sovereignty over the Chagos Archipelago. However, it also highlights ongoing challenges related to historical injustices, regional security dynamics, and geopolitical strategies in an evolving global landscape.

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