Starmer’s Chagos Islands surrender deal faces threat of legal challenge from the Maldives

Starmer’s handover of Chagos faces further uncertainty after the Maldives threatened to legally challenge the deal.

The move could collapse the divisive deal under which the UK would hand over £35bn and UK sovereignty to Mauritius to secure the use of a military base in Mauritius for 99 years.

A Maldives foreign office spokesman said the country was ‘exploring options’ for a legal challenge to the deal.

The South Asian country claimed it had territorial claims over the archipelago, saying its claims superseded those of its Mauritian neighbors.

A spokesperson for the Maldives government said Britain’s plans were ‘not sufficiently based on the principles of international law’.

The Maldivian government said it would seek ‘all available legal means’ to stop the transfer.

This is the latest failure of Keir Starmer’s Chagos gift. The deal descended into farce this week when a minister admitted it had been put on hold before being slapped down by his own department.

The renewed uncertainty comes in the wake of Donald Trump’s dizzying changes of position. He recently called on Sir Keir to cancel the deal.

Donald Trump warned that the handover would be a “big mistake” and that it would be “a disaster for our great ally,” prompting officials to scramble for crisis talks with their counterparts in Washington.

Foreign Secretary Hamish Falconer twice assured the House of Commons that the government had ‘paused’ Parliament’s consideration of the controversial donation, before the Foreign Office itself confirmed there was ‘no pause’.

A spokesman said: ‘We never set a deadline. Timings will be announced as usual.

‘We continue our discussions with the US and have been clear that we will not move forward without their support.’

The Maldivian government has said it will not rule out any legal or diplomatic avenues to challenge the Chagos agreement.

Maldives foreign ministry spokesperson said: Telegram: ‘The Government of the Republic of Maldives is committed to protecting and promoting the sovereign rights and maritime interests of the Maldivians in accordance with international law.

‘At present, the Maldives has not formally initiated proceedings at the International Court of Justice (ICJ) against any state regarding sovereignty over the Chagos Archipelago.

‘We are currently exploring our options. We are carrying out a comprehensive legal review and continue to consult with international legal experts and relevant local authorities.

Aerial view of Diego Garcia base in the Chagos archipelago

‘Recognising the complexity of the historical, legal and geopolitical issues surrounding the Chagos dispute, the government continues to consider all available legal avenues to support the national interests of the Maldives.’

The spokesman added that he wrote directly to the British government in November 2024 and January 2026 to clearly state his diplomatic objections to the deal.

“The Maldives has not ruled out resorting to additional legal or diplomatic remedies in accordance with international law if negotiations remain unresolved and its concerns are not addressed,” the spokesman added.

Azima Shakoor, former attorney general of the Maldives who joined the Chagos advocacy, said: ‘Chagos is our territory and should be returned to us. The Maldives has better claims to the Chagos Islands, and we have a legal right to those lands.

‘The British government should respect this right of the Maldivians and completely halt the process of handing over Chagos to Mauritius to give the Maldives time to use the international legal framework to establish their legal rights.’

It is understood that any legal objection will be made to the ICJ.

After President Trump withdrew his support for the second time, the Prime Minister is being called to end the uncertainty and cancel the agreement completely.

Shadow Foreign Secretary Dame Priti Patel said: ‘Labour’s surrender to Chagos has turned into a farce. The unprofessional behavior of ministers shows that they do not even know what is going on in their own legislation.

‘This is a complete embarrassment not only for the government but also for our country on the international stage. ‘Not only are Labor pursuing a terrible deal to hand over our sovereign territory and taxpayers’ money to China, they are doing it in the most incompetent way imaginable.’

Earlier this month, Keir Starmer threatened to arrest a resettlement team that arrived in Chagos to reclaim their land.

Mr Mandarin, who was forcibly removed from the island by Britain when he was 14, faces three years in prison and a £3,000 fine if he and his father Michael, 74, remain on the archipelago.

But Chagossian prime minister Misley Mandarin and three other islanders currently there will be able to stay on Île du Coin until at least March 13.

Nigel Farage, who tried to reach Chagos last week, raised the plight of exiled islanders in this week’s Prime Minister’s Questions, asking Sir Keir: ‘This government is full of human rights lawyers, inside and out; Why don’t the ideas and human rights of indigenous Chagossians matter to him at all?’

Foreign secretary Stephen Doughty said this week: ‘We continue to meet regularly with our counterparts in the Maldives on a range of issues.

‘However, I would like to reiterate that the issue of sovereignty over the Chagos Archipelago is a matter for the United Kingdom and Mauritius, which is why the previous government opened negotiations with Mauritius on this issue in 2022 rather than with the Maldives.’