Starmer’s Chagos treaty hits new crisis after judge blocks removal of islanders
A judge’s dramatic late intervention has thrown Sir Keir Starmer’s beleaguered plans to hand over the Chagos Islands to Mauritius into further chaos.
Judge James Lewis ruled on Thursday to temporarily block an order restraining the islanders who disembarked earlier this week from a flight at an altitude of nearly 25,000ft.
The decision adds to the prime minister’s growing nightmare over the islands after US president Donald Trump this week announced his opposition to the deal, in a move that could veto Sir Keir’s plans.
The decision comes after four Chagos islanders landed on one of the islands in the Indian Ocean archipelago on Tuesday to establish a permanent settlement; They hoped that this move would complicate the British plan to cede the territory to Mauritius.
The “forward party” was led by Chagossian elected first minister Misley Mandarin, who promised to establish a permanent resettlement on Île du Coin, part of the Peros Banhos atoll.
In its “Declaration of Return”, the party said, “Today, we, the people of the Chagos Islands, stand on the territory of our homeland” and added: “We are the forward party. Hundreds of others are following us. We have returned home.”
They were served papers to leave the islands on Wednesday, but their lawyer James Tumbridge successfully applied for an injunction.
The move comes after his representatives this week applied for a new judge in the UK case to challenge Sir Keir’s government’s plans to hand over the islands to Mauritius.
The decision by Judge Lewis, the chief judge of the British Indian Ocean territory, was based on a delay in the UK case as the islanders objected to the government’s plans for the island and complained that they had not been properly consulted.
The islanders were removed between 1967 and 1973 as part of security arrangements for the top-secret Diego Garcia base operated by Britain and the United States.
Judge Lewis said: “There is no doubt that the balance of convenience is on the side of the plaintiffs (the islanders). They are 120 miles from Diego Garcia and on the evidence before me they do not pose a threat to national security.”
“If they are deported, they will have great difficulty returning. In my opinion, the plaintiffs made their application without any response or intervention from the commissioner.
“I therefore grant an interim injunction against the enforcement of the s.12 (removal) notices. This injunction will remain in force for seven days to allow the defendants to respond.
“If there is no response, the injunction will remain in force until the application for judicial review is decided. At the end of the seven-day period, I will issue further instructions if the defendant responds.”
Meanwhile, sources close to the Trump administration said the president decided to object to the deal because the United States learned that China and India could negotiate to take control of different islands in the archipelago.
President Trump is also believed to be angered by Sir Keir’s refusal to allow the US to use RAF bases to attack Iran. There are also fears that the UK has provided military information to Mauritius regarding the use of Diego Garcia in line with an agreement to lease back the base.
Independent It contacted the Foreign, Commonwealth and Development Office (FCDO) for comment.
