Chagossians fighting to keep a voice over the future of their own homeland have won an early but significant victory, with the High Court agreeing to put their challenge against the Government on a fast track.
“If Keir Starmer had any sense, scrapping the Chagos Surrender Treaty would be his next u-turn” – Dame Priti Patel.
The wider legal fight – to ensure Chagossians are lawfully consulted before the UK Government signs away sovereignty of the islands they call home – has now cleared a major first hurdle in the High Court.
As a result, the Government has been ordered to lodge its legal defence by 4 July, slashing the 28-day window it would normally enjoy. A High Court judge is expected to consider the matter around 11 July, with a full hearing potentially following before the month is out.
In his written order, the judge acknowledged both the exceptional urgency and the strength of the claim, pointing to the “very detailed grounds and a 1,689-page bundle” lodged by the claimants – an unmistakable sign that the Court is treating this seriously.
At the heart of the case is the argument that the UK Government acted unlawfully by opening sovereignty negotiations with Mauritius without first consulting Chagossians. Drawing on the Equality Act 2010, international law and the principles of administrative fairness, the claim maintains that the Chagossian people – recognised by the UK as British citizens and as a distinct ethnic group – have a legal right to be heard before any decision is taken over their homeland.
Claire Bullivant, CEO of the Great British PAC, said:
“This is a huge step forward. The courts have recognised the urgency and importance of this case. We now call on Parliament to suspend any process related to Chagos sovereignty until the Court has ruled. Justice demands no less.”
Louis Misley Mandarin, a claimant and Chagossian himself, added: “We are fighting to be heard, not ignored again. Our people deserve consultation, not secrecy.”
This challenge could prove the decisive blow that fatally undermines the Government’s plan to hand the islands away – but campaigners are equally clear that the real battle will be won in the hearts and minds of the public, and above all of backbench Labour MPs. Those MPs are being urged to face the fact that this is a deal struck without the consent of the Chagossians, and at huge financial cost, at a moment when public services and benefits are already stretched thin.
“How can Labour justify this huge cost of billions when they say we don’t have money for schools, the NHS, or social care? How can they possibly justify this deal when their own manifesto talks about championing prosperity through foreign policy?” Bullivant added. “This is not prosperity, it’s an unjust, unaffordable handover made without proper consultation.”
Shadow Home Secretary Priti Patel also entered the fray, declaring:
“Labour have betrayed British Chagossians with their shambolic £30bn Chagos Surrender Treaty. This legal challenge is exposing the appalling way that hypocritical Labour ministers who talk up their commitments to human rights are neglecting British Chagossians. Labour cannot be trusted and it’s disgraceful that Keir Starmer and David ‘Calamity’ Lammy are more interested in giving Mauritius billions of pounds of British taxpayers’ to fund tax cuts there than in respecting British Chagossians, defending our security and protecting our public finances.
“Labour needs to delay the process to ratify this Treaty to allow court proceedings to continue and give the House of Commons a debate and vote. If Keir Starmer had any sense, scrapping the Chagos Surrender Treaty would be his next u-turn.”
The claimants are now pressing MPs to halt any parliamentary process tied to Chagos sovereignty – currently due to conclude on 3 July – until the Court has had its chance to rule.
At the same time, the drive to cover the legal costs goes on. The Judicial Review has been made possible by the generous backing of the Great British PAC and its Chairman, Ben Habib, but more contributions are still needed.
Supporters can donate via: www.crowdfunder.co.uk/p/savechagos.