Political reporter
ReutersThe federal government has briefly been banned from concluding talks on the Chagos Islands deal by a last-minute injunction by a Excessive Courtroom choose.
At 02:25 BST Mr Justice Goose granted “interim aid” to 2 Chagossian girls who had introduced a case towards the Overseas Workplace.
Prime Minister Sir Keir Starmer had been anticipated to attend a digital signing ceremony with representatives of the Mauritian authorities on Thursday morning.
The settlement would see the UK hand the Chagos Islands to Mauritius, however enable the UK and US to proceed utilizing a army base situated on the Indian Ocean archipelago for an preliminary interval of 99 years.
The UK authorities is but to set out the estimated funds the British taxpayer would make to Mauritius as a part of the deal, however it’s anticipated to run into the billions.
Responding to the courtroom injunction, a authorities spokesperson mentioned: “We don’t touch upon ongoing authorized circumstances. This deal is the correct factor to guard the British individuals and our nationwide safety.”
Mauritius Lawyer Normal Gavin Glover mentioned: “For the reason that matter is because of be heard shortly at the moment, it will not be applicable for us to make any feedback.”
The courtroom will hear the case once more at 10:30 on Thursday.
The authorized motion was introduced by two Chagossian girls, Bernadette Dugasse and Bertrice Pompe, who want to return to dwell on the islands.
Underneath each the present association and the proposed new deal, Chagossians are prevented from returning to Diego Garcia, the biggest of the islands which is dwelling to the UK-US army base.
Earlier this 12 months, their lawyer Michael Polak mentioned: “The federal government’s try to present away the Chagossians’ homeland while failing to carry a proper session with the Chagossian individuals is a continuation of their horrible therapy by the authorities up to now.
“They continue to be the individuals with the closest connection to the islands, however their wants and desires are being ignored.”
In his early-morning order, the choose mentioned: “The defendant shall take no conclusive or legally binding step to conclude its negotiations regarding the attainable switch of the British Indian Ocean Territory, often known as the Chagos Archipelago, to a international authorities or bind itself as to the actual phrases of any such switch.”
“The defendant is to take care of the jurisdiction of the UK over the British Indian Ocean Territory till additional order.”
The order states that the choose granted the injunction “upon consideration of the claimant’s utility for interim aid made out of courtroom hours” and “upon studying the defendants’ response”.
Representatives of the Chagossian group are assembly with Overseas Workplace mininster Stephen Doughty, for discussions on the sovereignty of the territory.
The assembly was anticipated to incorporate six representatives from three completely different Chagossian group teams.
“The assembly will probably be a chance to debate the FCDO’s Chagossian tasks and the brand new Chagossian contact group,” an e mail despatched to the representatives earlier this week mentioned, with out giving additional particulars.
The Chagos Archipelago was separated from Mauritius in 1965, when Mauritius was nonetheless a British colony.
Britain bought the islands for £3m, however Mauritius has argued it was illegally compelled to present away the islands in an effort to get independence from Britain.
Within the late Nineteen Sixties Britain invited the US to construct a army base on Diego Garcia and eliminated hundreds of individuals from their properties on the island.
An immigration order, issued in 1971, prevented the islanders from returning.
The Chagos islanders themselves – some in Mauritius and the Seychelles, however others residing in Crawley in Sussex – don’t communicate with one voice on the destiny of their homeland.
Some are decided to return to dwell on the remoted islands, some are extra targeted on their rights and standing within the UK, whereas others argue that the archipelago’s standing shouldn’t be resolved by outsiders.
Mylene Augustin, a member of the Chagossian group within the UK, mentioned she hoped the deal wouldn’t be signed in its present kind, saying she felt excluded from the negotiations between the UK and Mauritius over the islands.
“Like Bernadette and Bertrice, my dad was born on Diego Garcia. That is my heritage,” she mentioned. “[The court decision for interim relief] is nice. We have to have our self-determination… We have to have our rights.”
EPALately, the UK has come beneath rising worldwide strain to return the islands to Mauritius, with each the United Nations’ prime courtroom and normal meeting siding with Mauritius over sovereignty claims.
In late 2022, the earlier Conservative authorities started negotiations over management of the territory however didn’t attain an settlement by the point it misplaced energy within the 2024 normal election.
The Labour authorities has argued that ongoing questions concerning the UK’s proper to maintain the islands posed a danger to the way forward for the US-UK army base.
Final week Defence Secretary John Healey mentioned the federal government needed to act “to cope with the jeopardy”.
Nevertheless, the proposals have been criticised, with opposition politicians elevating concern about Mauritius’ comparatively shut relationship to China and the quantity the deal will price.
Following the courtroom intervention, Conservative shadow international secretary Priti Patel mentioned: “Labour’s Chagos give up deal is unhealthy for our defence and safety pursuits, unhealthy for British taxpayers and unhealthy for British Chagossians.”
She mentioned the authorized intervention was a “humiliation for Keir Starmer and [Foreign Secretary] David Lammy”.
Reform UK chief Nigel Farage mentioned: “Regardless of the Chagos Islanders successful a Excessive Courtroom injunction to forestall the gifting away of the islands, the federal government will search to overturn this.
“Why is Starmer so determined to present away the islands? There isn’t a authorized want, it is going to price us roughly £52bn, and play into the fingers of China. Why?”
