Chagos Treaty Stalls as Aging Exiles Fear They May Never Return Home

A landmark agreement meant to return the Chagos Archipelago to Mauritian sovereignty and open the way for displaced islanders to resettle remains in limbo, leaving elderly Chagossi

A landmark agreement meant to return the Chagos Archipelago to Mauritian sovereignty and open the way for displaced islanders to resettle remains in limbo, leaving elderly Chagossians increasingly doubtful they will live to see their homeland again. The treaty, signed by Britain and Mauritius in May 2025, has yet to take effect, with opposition from United States President Donald Trump cited as a central obstacle.

Under the terms of the deal inked on May 22, 2025, Mauritius would exercise sovereignty over the island group, while the United Kingdom would retain rights over Diego Garcia — the largest island — for an initial 99-year period. Resettlement would be permitted on islands other than Diego Garcia, which hosts a major joint UK-US military base. Despite these provisions, the agreement has not entered into force.

The Chagos archipelago was severed from Mauritius by Britain in 1965, three years before the former colony gained independence. Britain subsequently established the military installation on Diego Garcia together with the United States. Between 1968 and 1973, British authorities expelled an estimated 1,400 to 1,700 Chagossians, resettling many in Mauritius and the Seychelles, while others later relocated to the United Kingdom. Islanders were also barred by law from remaining on or returning to the islands without official permission.

Olivier Bancoult, who leads the Chagos Refugees Group, described the emotional weight of the long wait. Speaking in Pointe aux Sables, a coastal village in Mauritius where many displaced Chagossians live, he recounted how sand from the archipelago was once placed in an elder's tomb to honour a wish to die in his homeland. For aging exiles, the stalled treaty has revived that sense of unfinished grieving.

Bancoult remains defiant about outside interference, saying his community is undeterred by Trump's involvement in the process. He pointed to a 2019 advisory opinion from the International Court of Justice that favoured the archipelago's return to Mauritius, a 2021 judgement by the International Tribunal for the Law of the Sea, and the 2025 UK-Mauritius treaty as evidence that international law supports their cause. "International law is squarely on our side," he said, adding that the ICJ opinion had restored the community's dignity and confidence in its rights.

The treaty's implementation has faltered on multiple fronts. In April, the UK government informed Parliament that legislation needed to bring the agreement into force could not complete its passage during the 2024-26 parliamentary session, which ended on April 29 — leaving the bill without further progress. Earlier, in January, Trump publicly criticised the deal, calling it an "act of great stupidity" and questioning whether it sufficiently safeguarded the Diego Garcia base.

Diplomatic activity resumed in September. On September 21, British Prime Minister Andy Burnham said the UK would work with Mauritius and the United States on a path forward that ensures Diego Garcia's continued operation and protects UK national security. Five days later, Mauritian Prime Minister Navin Ramgoolam travelled to London for talks with British National Security Adviser Jonathan Powell and other officials. Ramgoolam remains in London, and his government said the discussions would address recent developments concerning the archipelago.

For Bancoult, the most urgent issue is demographic rather than diplomatic. Chagossians born on the islands are now between 58 and 100 years old, he noted, and several elders have died this year alone. The delay, he warns, is not merely political — it is a race against mortality.

The passage of time is also eroding cultural memory, according to Chrisyl Wong-Hang-Sun, a PhD researcher in anthropology at the University of Edinburgh. Drawing on her fieldwork, she said many diaspora members worry about losing Chagossian Creole vocabulary and traditional recipes that are difficult to reproduce abroad. Descendants, including herself, yearn to know the islands of their relatives and ancestors, she added.

The dispute has also laid bare political divisions within the Chagossian community. Wong-Hang-Sun observed that the conduct of both the British and Mauritian governments has produced nuanced and differing opinions among Chagossians scattered across the UK, Mauritius and the Seychelles. The Chagos Refugees Group is at odds with UK-based second-generation Chagossian Misley Mandarin and his supporters, who advocate resettlement under British rather than Mauritian sovereignty and have received backing from Reform UK.

Wong-Hang-Sun argued that these internal differences must be acknowledged as negotiations proceed. She said both governments need to find ways to prioritise and engage with the Chagossian diaspora as a whole, rather than treating the community as a single, uniform voice.

Mauritius, meanwhile, has disclosed little about the substance of the latest talks. At the United Nations General Assembly in September, Foreign Minister Dhananjay Ramful restated Mauritius's position that its sovereignty over the archipelago is "non-negotiable." He characterised the 2025 agreement as a vindication of international law and stressed Mauritius's commitment to diplomacy and dialogue. Beyond official statements and communiques, however, the government has provided scant detail about the current discussions.

International relations consultant Bruno Donat, who has previously worked at the United Nations, suggested that Mauritius should focus on sustained engagement with diplomatic partners, including the African Union and small states, to maintain momentum behind its claim. His remarks underscore the broader strategic dimension of a dispute that has drawn in the UK, the US, Mauritius and international legal bodies.

For now, the treaty remains signed but not operational, its promises of resettlement unrealised. While renewed talks have revived hope among some Chagossians, the community's oldest members face a stark reality: the homeland they were forced to leave may remain out of reach for the remainder of their lives.

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fajar-ramadhan

Editor Hukum. Alumni FH UI. Meliput pengadilan, MA, dan judicial review.

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