Setback for the Chagos Islands Agreement in the House of Lords

Mauritius will have to wait a little longer. The British government's plan to transfer sovereignty of the Chagos archipelago to Mauritius while leasing the strategic Diego Garcia military base for 99 years has faced a significant setback on the night of January 5. During the consideration of the Diego Garcia Military Base and British Indian Ocean Territory Bill, which provides the legal framework for this transfer, the House of Lords dealt four defeats to Keir Starmer's Labour government.

These amendments, adopted by votes, impose conditions and control mechanisms that could complicate the treaty's implementation. However, the government narrowly defeated a bipartisan proposal for a binding referendum among the Chagossian diaspora. The now-amended bill returns to the House of Commons, where the government, with its majority, can reject these modifications during the parliamentary "ping-pong" process.

The debate highlighted concerns about national security, financial transparency, and the rights of Chagossians forcibly displaced in the 1970s. The treaty aims to resolve a long-standing dispute by ceding sovereignty to Mauritius in exchange for a 99-year lease on Diego Garcia, with an estimated annual cost of about £101 million (Rs 6.4 billion), potentially exceeding £34 billion (Rs 2133 billion) over its duration.

Diego Garcia Lease

The first defeat relates to amendment 1, proposed by Lord Craig of Radley (crossbench) and supported by Lord Houghton of Richmond. It demands negotiations to amend Article 11 of the treaty, so that British payments to Mauritius cease if the Diego Garcia base becomes unusable for environmental, military, or other reasons, such as rising sea levels or a destructive attack. Lord Craig pointed out the absence of a "break or conditional clause" in the treaty. "If the UK continues to fail to honor its payment obligation, the treaty would be effectively terminated by Mauritius. To avoid any doubt, would this mean that Article 1 of the treaty remains applicable and that sovereignty remains with Mauritius?" he proposed.

The Minister of State for International Development and Africa, Baroness Chapman of Darlington, opposed this, citing Article 61 of the Vienna Convention on the Law of Treaties, which allows for "termination" in the case of the "permanent disappearance or destruction of an object indispensable for the execution of the treaty." The Lords voted 132 against 124, with an eight-vote majority. Lord Hannan of Kingsclere and other Conservatives supported the amendment, emphasizing the crucial role of the House of Lords in correcting oversights in the negotiations.

This defeat reflects fears of long-term vulnerabilities, such as climate change or geopolitical shifts, forcing the UK to continue payments without operational benefits.

Costs

The Liberal Democrats secured the second defeat with amendment 19 (related to amendment 33), mandating a written referendum among Chagossians regarding treaty guarantees about their rights: resettlement on the outer islands (outside Diego Garcia), participation in operations and visits to Diego Garcia, and involvement in the trust fund.

Proposed by Lord Purvis of Tweed, it was adopted 210 to 131. The proposed question was: "Recognizing the international principles of self-determination, do you agree that the implementation of the treaty agreed between the UK and Mauritius must guarantee the rights of Chagossians through a legal right: (a) to resettle on the islands of the Chagos archipelago other than Diego Garcia, (b) to participate in operations and opportunities for work and visits to Diego Garcia, and (c) to be involved in decision-making regarding the operation of the Trust Fund for the benefit of the Chagossian community?"

The third defeat: Conservative amendment 47 proposed by Lord Callanan requires the publication of total real costs of the treaty, calculation methodologies, and assessments by the Office for Budget Responsibility, the Government Actuary’s Department, and the Treasury. Passed 194 to 130.

These amendments rely on a report from the House of Lords International Relations and Defence Committee, which interviewed over 3,000 Chagossians and revealed a "widespread distrust of the Mauritian Government" and a "profound and enduring sense of injustice." The report also highlights a desire for autonomy and direct consultation.

Referendum

The last governmental defeat concerns Liberal Democrat amendment 50 (131 to 127), imposing parliamentary oversight of expenditures every five years and allowing payments to be halted in case of violations by Mauritius, after exhausting the mechanisms of Article 14.

The government narrowly rejected amendment 32 (Baroness Foster of Aghadrumsee), which demanded a referendum on whether to maintain British sovereignty or transfer it. Rejected 168 to 178. "If the sovereignty of an overseas territory can be transferred without the freely expressed will of its people, then no territory can be fully reassured," Baroness Foster noted.

Conservatives condemned the proposal. "Keir Starmer is weak and unable to defend Britain both domestically and internationally. The defense and security of Britain are at risk due to this terrible legislation," stated Dame Priti Patel.

Commons

The bill returns to the House of Commons, where the Labour majority will likely allow for the rejection of these amendments. The government argues that any delays threaten national security, highlighting American support. "Diego Garcia is a vital military base for the United States. The (very important) agreement between the UK and Mauritius secures the operational capabilities of the base and the key national security interests of the United States in the region" and other allies like Australia and the Five Eyes (Australia, Canada, New Zealand, the UK, and the US), explained Secretary Hegseth.

Rejecting these modifications would restore the original treaty, allowing for its ratification without a referendum or enhanced financial oversight. However, ignoring these concerns could prolong debates, reveal divisions within Labour, and fuel criticism over the lack of consultation with Chagossians.

Some, particularly within the community residing in the UK, express loyalty to the UK despite past injustices. The ping-pong process will test the British government's determination to prioritize strategic advantages over domestic opposition.